SENATE BILL NO. 666 June 17, 1999, Introduced by Senators BULLARD, GOUGEON and MC MANUS and referred to the Committee on Farming, Agribusiness and Food Systems. A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending sections 1, 2, 3, 6, 8, 10, 12, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 51, 52, 53, 54, 101, 102, 103, 104, 105, 106, 151, 152, 153, 154, 155, 156, 157, 158, 161, 191, 192, 199, 200, 221, 222, 223, 241, 242, 243, 244, 245, 247, 261, 262, 263, 265, 266, 267, 269, 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, 433, 463, 464, 465, 466, 467, 468, 469, 472, 473, 474, 476, 478, 483, 490, 491, 499, 513, 515, 517, 518, 519, 520, 521, 524, 525, 532, 540, 541, 601, 602, 626, and 627 (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, 280.101, 280.102, 00488'99 * TMV 2 280.103, 280.104, 280.105, 280.106, 280.151, 280.152, 280.153, 280.154, 280.155, 280.156, 280.157, 280.158, 280.161, 280.191, 280.192, 280.199, 280.200, 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, 280.269, 280.270, 280.273, 280.274, 280.275, 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, 280.433, 280.463, 280.464, 280.465, 280.466, 280.467, 280.468, 280.469, 280.472, 280.473, 280.474, 280.476, 280.478, 280.483, 280.490, 280.491, 280.499, 280.513, 280.515, 280.517, 280.518, 280.519, 280.520, 280.521, 280.524, 280.525, 280.532, 280.540, 280.541, 280.601, 280.602, 280.626, and 280.627), sections 21 and 464 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, sections 283 and 499 as amended by 1989 PA 149, section 423 as amended by 1996 PA 552, and section 433 as amended by 1982 PA 449, and by adding sections 7, 7a, 7b, 7c, 13, 14, 34, 35, 55, 56, 57, 58, 59, 107, 108, 109, 110, 111, 112, 113, 201, 275a, 277a, 329, 330, 467a, 467b, 474a, 500, 519a, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 603, 604, 605, 606, 607, 615, 616, and 617; and to repeal acts and parts of acts. 00488'99 * 3 THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER 1.2DRAINS.GENERAL PROVISIONS 3 Sec. 1. This act shall be known and may be cited as"the 4 "drain code".of 1956".5 Sec. 2.Drains including branches may be located, estab-6lished, constructed and maintained, and existing drains, creeks,7rivers and watercourses and their branches, or tributaries8whether located, established and constructed by a county drain9commissioner or drainage board or by a city, village or township,10may be cleaned out, straightened, widened, deepened, extended,11consolidated, relocated, tiled, connected and relocated along a12highway, or there may be provided for the same structures or13mechanical devices that will properly purify or improve the flow14of the drain or pumping equipment necessary to assist or relieve15the flow of the drain, or 1 or more branches may be added there-16to, by petition under the provisions of this act, whenever the17same shall be conducive to the public health, convenience and18welfare.AS USED IN THIS ACT: 19 (A) "AGENCY" INCLUDES AN OFFICER, BOARD, COMMISSION, AND 20 OTHER BODY CREATED BY A PUBLIC CORPORATION OR BY THE FEDERAL GOV- 21 ERNMENT, AUTHORIZED TO ACT IN HIS, HER, OR ITS OWN NAME. 22 (B) "BENEFIT" OR "BENEFITS" MEANS ADVANTAGES RESULTING FROM 23 A PROJECT TO PUBLIC CORPORATIONS, THE RESIDENTS OF THIS STATE, 24 AND PROPERTY WITHIN THIS STATE. BENEFIT INCLUDES ADVANTAGES THAT 25 RESULT FROM ELIMINATION OF POLLUTION AND ELIMINATION OF FLOOD 26 DAMAGE, OR ELIMINATION OF WATER CONDITIONS THAT JEOPARDIZE THE 00488'99 * 4 1 PUBLIC HEALTH OR SAFETY; INCREASE OR DECREASE OF THE VALUE OR USE 2 OF LANDS AND PROPERTY RESULTING FROM THE PROJECT; AND THE POSI- 3 TIVE OR NEGATIVE CONSEQUENCES OF THE PROJECT FOR INDIVIDUAL PAR- 4 CELS OF LAND INCLUDING, BUT NOT LIMITED TO, ALL OF THE 5 FOLLOWING: 6 (i) INCREASE OR DECREASE IN NATURAL RESOURCE VALUES. 7 (ii) INCREASE OR DECREASE IN FLOODING. 8 (iii) THE AMOUNT AND QUALITY OF RUNOFF FROM LAND ENTERING A 9 DRAIN AS DETERMINED BY FACTORS INCLUDING, BUT NOT LIMITED TO, THE 10 FOLLOWING: 11 (A) THE DEPTH, CHARACTER, AND QUALITY OF SURFACE AND SUBSUR- 12 FACE SOILS OF THE LAND. 13 (B) THE AMOUNT OF IMPERVIOUS SURFACE ON THE LAND. 14 (C) WHETHER THE ACT OR OMISSION OF A PERSON INCREASES OR 15 DECREASES THE NEED FOR THE PROJECT OR IMPROVES OR DEGRADES THE 16 WATER QUALITY. 17 (C) "COUNTY DRAIN" MEANS A DRAIN THAT PROVIDES DRAINAGE OR 18 SERVES LANDS IN ONLY 1 COUNTY AND HAS LANDS IN ONLY 1 COUNTY THAT 19 MAY BE SUBJECT TO ASSESSMENT. 20 (D) "COUNTY DRAIN COMMISSIONER", "DRAIN COMMISSIONER", OR, 21 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, "COMMISSIONER" 22 MEANS 1 OF THE FOLLOWING: 23 (i) THE ELECTED COUNTY DRAIN COMMISSIONER OR THE PERSON OR 24 PERSONS DESIGNATED TO PERFORM THE DUTIES OF THE ELECTED COUNTY 25 DRAIN COMMISSIONER AS PROVIDED BY THIS ACT. 26 (ii) A PUBLIC WORKS COMMISSIONER DESCRIBED IN SECTION 21. 00488'99 * 5 1 (iii) THE OFFICIAL OR BODY LAWFULLY DESIGNATED BY CHARTER TO 2 EXERCISE THE POWERS AND PERFORM THE DUTIES OF A COUNTY DRAIN 3 COMMISSIONER IN A COUNTY ORGANIZED UNDER 1966 PA 293, MCL 45.501 4 TO 45.521. 5 (E) "DIRECTOR OF AGRICULTURE" MEANS THE DIRECTOR OF THE 6 DEPARTMENT OF AGRICULTURE OR HIS OR HER DESIGNEE SUBJECT TO SEC- 7 TION 13. 8 (F) "DRAIN" MEANS ANY OF THE FOLLOWING IF ESTABLISHED PURSU- 9 ANT TO THIS ACT: 10 (i) THE MAIN STREAM OR TRUNK AND ALL TRIBUTARIES OR BRANCHES 11 OF A CREEK OR RIVER. 12 (ii) A WATERCOURSE OR DITCH, EITHER OPEN OR CLOSED. 13 (iii) A COVERED DRAIN. 14 (iv) A SANITARY OR A COMBINED SANITARY AND STORM SEWER OR 15 STORM SEWER OR CONDUIT. 16 (v) A STRUCTURE OR MECHANICAL DEVICE TO PURIFY THE FLOW OF A 17 DRAIN. 18 (vi) PUMPING EQUIPMENT NECESSARY TO ASSIST OR RELIEVE THE 19 FLOW OF A DRAIN. 20 (vii) ANY LEVEE, DIKE, OR BARRIER FOR DRAINAGE OR TO PURIFY 21 THE FLOW OF A DRAIN. 22 (G) "DRAIN" DOES NOT INCLUDE ANY DAM AND CONNECTED FLOWAGE 23 RIGHTS USED FOR THE GENERATION OF POWER BY A PUBLIC UTILITY 24 SUBJECT TO REGULATION BY THE PUBLIC SERVICE COMMISSION. 25 (H) "DRAINAGE DISTRICT" MEANS THE AREA DESCRIBED IN THE 26 FINAL ORDER OF DETERMINATION OR, FOR A PROPOSED DRAIN FOR WHICH A 27 FINAL ORDER OF DETERMINATION HAS NOT BEEN MADE, THE AREA THAT 00488'99 * 6 1 WOULD BE DRAINED BY THE PROPOSED DRAIN. ONCE ESTABLISHED, A 2 DRAINAGE DISTRICT IS A BODY CORPORATE WITH POWER TO CONTRACT, TO 3 SUE AND TO BE SUED, AND TO HOLD, MANAGE, AND DISPOSE OF REAL AND 4 PERSONAL PROPERTY, IN ADDITION TO ANY OTHER POWERS CONFERRED UPON 5 IT BY LAW. 6 (I) "ENGINEER" MEANS A PROFESSIONAL ENGINEER LICENSED UNDER 7 ARTICLE 20 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.2001 TO 8 339.2014. 9 (J) "IMPROVEMENT" MEANS AND "IMPROVE" REFERS TO ANY OF THE 10 FOLLOWING: 11 (i) RELOCATING, WIDENING, DEEPENING, STRAIGHTENING, OR 12 TILING A DRAIN. 13 (ii) PROVIDING STRUCTURES OR MECHANICAL DEVICES THAT WILL 14 PROPERLY PURIFY, CONTROL, OR IMPROVE THE FLOW OF A DRAIN. 15 (iii) PROVIDING PUMPING EQUIPMENT OR CONSTRUCTING RELIEF 16 DRAINS NECESSARY TO ASSIST OR RELIEVE THE FLOW OF A DRAIN. 17 (iv) EXTENDING AN EXISTING DRAIN DOWNSTREAM FOR THE PURPOSE 18 OF PROVIDING AN ADEQUATE OUTLET TO RESTORE OR IMPROVE DRAINAGE TO 19 LANDS WITHIN AN ESTABLISHED DRAINAGE DISTRICT. 20 (v) EXTENDING OR ADDING BRANCHES TO AN EXISTING DRAIN TO 21 RESTORE OR IMPROVE DRAINAGE FOR LANDS WITHIN AN ESTABLISHED 22 DRAINAGE DISTRICT. 23 (vi) EXTENDING AN EXISTING DRAIN TO PROVIDE DRAINAGE FOR 24 LANDS NOT PREVIOUSLY WITHIN A DRAINAGE DISTRICT, SUBJECT TO ANY 25 PERMIT REQUIRED UNDER THE NATURAL RESOURCES AND ENVIRONMENTAL 26 PROTECTION ACT, 1994 PA 451, MCL 324.101 TO 324.90106. 00488'99 * 7 1 (K) "INTERCOUNTY DRAIN" MEANS A DRAIN THAT PROVIDES DRAINAGE 2 OR SERVES LANDS IN MORE THAN 1 COUNTY THAT MAY BE SUBJECT TO 3 ASSESSMENT. 4 (l) "LANDOWNER" MEANS A PERSON HOLDING THE MOST RECENT FEE 5 TITLE OR A LAND CONTRACT VENDEE'S INTEREST IN LAND AS SHOWN BY 6 THE RECORDS OF THE COUNTY REGISTER OF DEEDS. IF THERE IS MORE 7 THAN 1 PERSON WITH A FEE INTEREST OR LAND CONTRACT VENDEE'S 8 INTEREST IN LAND, EACH SUCH PERSON IS A SEPARATE LANDOWNER. 9 (M) "MAINTENANCE" AND "MAINTAIN" REFER TO ANY OF THE FOLLOW- 10 ING THAT DO NOT INCREASE THE DESIGNED CAPACITY OF A DRAIN: 11 (i) MAINTAINING A DRAIN OR DRAINS IN WORKING ORDER TO CON- 12 TINUE A NORMAL FLOW OF WATER, INCLUDING BUT NOT LIMITED TO THE 13 MAINTENANCE, REPAIR, OR REPLACEMENT OF AND UTILITY SERVICE FOR 14 PUMPING STATIONS, SEWAGE TREATMENT FACILITIES, OR MECHANICAL 15 DEVICES. 16 (ii) CLEANING OUT A DRAIN OR DRAINS. 17 (iii) KEEPING A DRAIN OR DRAINS FREE FROM RUBBISH, DEBRIS, 18 SILTATION, OR OBSTRUCTIONS. 19 (iv) REPAIRING A PORTION OR ALL OF A TILE, DRAIN, OR DRAINS 20 TO CONTINUE THE NORMAL FLOW OF WATER. 21 (v) RESTORATION OF PREVIOUSLY ESTABLISHED DEPTHS, BOTTOM 22 WIDTHS, AND GRADE BASED ON RECORDS MAINTAINED AT THE OFFICE OF 23 THE DRAIN COMMISSIONER. 24 (vi) EROSION REPAIR AND CONTROL. 25 (vii) EROSION AND SEDIMENTATION CONTROL. 26 (viii) MAINTENANCE, REPAIR, OR REPLACEMENT OF LEVEES, DIKES, 27 DAMS, AND RETENTION AND DETENTION BASINS. 00488'99 * 8 1 (ix) MAINTENANCE, REPAIR, OR REPLACEMENT OF STRUCTURES, SUCH 2 AS BRIDGES, CULVERTS, OR FORDS, THAT HAVE DIMINISHED THE CAPACITY 3 OF THE DRAIN OR THAT ARE OR MAY BECOME UNSTABLE OR UNSAFE. 4 (x) REMOVAL AND DISPOSAL OF CONTAMINATED MATERIAL. 5 (xi) REMOVAL OF OBSTRUCTIONS DOWNSTREAM FOR THE PURPOSE OF 6 RESTORING ADEQUATE OUTLET FOR LANDS WITHIN AN EXISTING DRAINAGE 7 DISTRICT OR DISTRICTS, SUBJECT TO SECTION 422. 8 (xii) ACTIVITIES ASSOCIATED WITH MAINTENANCE DESCRIBED IN 9 SUBPARAGRAPHS (i) THROUGH (xi). 10 (xiii) ACTIVITY UNDER 1966 PA 347, MCL 252.131 TO 252.135. 11 (N) "MUNICIPALITY" MEANS A COUNTY, CITY, VILLAGE, OR TOWN- 12 SHIP, OR AN AUTHORITY WITH POWER TO LEVY A TAX CREATED BY ANY OF 13 THESE. 14 (O) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, 15 ASSOCIATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY. 16 (P) "PROJECT" MEANS WORK UNDERTAKEN AS A RESULT OF PETITION 17 AND AN ORDER OF NECESSITY OR UNDERTAKEN AS MAINTENANCE ON A DRAIN 18 PURSUANT TO SECTION 199. 19 (Q) "PUBLIC CORPORATION" MEANS A STATE DEPARTMENT OR AGENCY, 20 INCLUDING, BUT NOT LIMITED TO, A COLLEGE OR UNIVERSITY DESCRIBED 21 IN SECTION 4, 5, OR 6 OF ARTICLE VIII OF THE STATE CONSTITUTION 22 OF 1963; AN AUTHORITY CREATED BY OR PURSUANT TO STATE LAW; A 23 JUNIOR COLLEGE OR COMMUNITY COLLEGE ESTABLISHED PURSUANT TO 24 SECTION 7 OF ARTICLE VIII OF THE STATE CONSTITUTION OF 1963; A 25 SCHOOL DISTRICT; OR A MUNICIPALITY. HOWEVER, IN CHAPTERS 20 AND 26 21, PUBLIC CORPORATION MEANS A CITY, VILLAGE, OR TOWNSHIP; WITH 00488'99 * 9 1 RESPECT TO A STATE TRUNK LINE HIGHWAY, THIS STATE; OR WITH 2 RESPECT TO A COUNTY ROAD, THE COUNTY. 3 (R) "ROADWAY" MEANS A STATE TRUNK LINE HIGHWAY, COUNTY ROAD, 4 CITY OR VILLAGE STREET, OR A ROAD UNDER THE JURISDICTION OF A 5 TOWNSHIP. 6 (S) "ROADWAY AUTHORITY" MEANS, WITH RESPECT TO A STATE TRUNK 7 LINE HIGHWAY, THE STATE TRANSPORTATION COMMISSION; WITH RESPECT 8 TO A COUNTY ROAD, THE BOARD OF COUNTY ROAD COMMISSIONERS; WITH 9 RESPECT TO A CITY OR VILLAGE STREET, THE CITY OR VILLAGE; AND 10 WITH RESPECT TO A ROAD UNDER TOWNSHIP JURISDICTION, THE 11 TOWNSHIP. 12 (T) "SURVEYOR" MEANS A PROFESSIONAL SURVEYOR LICENSED UNDER 13 ARTICLE 20 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.2001 TO 14 339.2014. 15 Sec. 3.The word "drain", whenever used in this act, shall16include the main stream or trunk and all tributaries or branches17of any creek or river, any watercourse or ditch, either open or18closed, any covered drain, any sanitary or any combined sanitary19and storm sewer or storm sewer or conduit composed of tile,20brick, concrete, or other material, any structures or mechanical21devices, that will properly purify the flow of such drains, any22pumping equipment necessary to assist or relieve the flow of such23drains and any levee, dike, barrier, or a combination of any or24all of same constructed, or proposed to be constructed, for the25purpose of drainage or for the purification of the flow of such26drains, but shall not include any dam and flowage rights used in27connection therewith which is used for the generation of power by00488'99 * 10 1a public utility subject to regulation by the public service2commission.3 (1) A DRAIN MAY BE ESTABLISHED, CONSTRUCTED, MAINTAINED, AND 4 IMPROVED CONSISTENT WITH THE PROVISIONS OF THIS ACT. 5 (2) EACH COMMISSIONER, EACH DRAINAGE BOARD, AND THE DIRECTOR 6 OF AGRICULTURE SHALL DO ALL OF THE FOLLOWING: 7 (A) PROTECT WATER QUALITY, HEADWATERS, AND TRIBUTARIES. 8 (B) AVOID, MINIMIZE, AND MITIGATE IMPACTS OF NEW DRAINS, 9 IMPROVEMENTS, AND MAINTENANCE ON LAND OR INTERESTS IN LAND 10 INCLUDING, BUT NOT LIMITED TO, EASEMENTS OWNED FOR PRESERVATION 11 OR CONSERVATION PURPOSES BY A PUBLIC CORPORATION OR PRIVATE NON- 12 PROFIT ORGANIZATION. 13 (C) INCORPORATE FLOW PATTERNS INTO CRITERIA FOR DRAIN DESIGN 14 AND STORM WATER MANAGEMENT. 15 (D) MAKE ON-SITE RETENTION OF STORM WATER A PRIORITY. 16 (E) UTILIZE APPLICABLE BEST MANAGEMENT PRACTICES, WHICH 17 SHALL BE DRAFTED AND ADOPTED JOINTLY BY THE DEPARTMENT OF AGRI- 18 CULTURE AND THE DEPARTMENT OF ENVIRONMENTAL QUALITY. 19 Sec. 6. Allestablisheddrains regularly located and 20 establishedin pursuance ofUNDER lawexistingIN EFFECT at 21 the time oflocation andestablishment and visibly in exis- 22 tence,which were established as drains, andOR all drains vis- 23 ibly in existence in written drain easements,orrights-of-way, 24 ORDERS, OR OTHER RECORDS on file in the office of the commission- 25 er,shall be deemedARE public drainslocatedAND SHALL BE 26 PRESUMED TO HAVE BEEN ESTABLISHED UNDER LAW. THE EASEMENTS AND 27 THE DRAINS SHALL BE PRESUMED TO HAVE BEEN LOCATED in public 00488'99 * 11 1 easements or rights-of-way which are valid and binding against 2 anyowners of anyPERSONS MAKING A CLAIM ON THE BASIS OF OWNER- 3 SHIP OF A property interest who becameor hereafter become such4 owners after thelocation andestablishment of the drain or the 5 existence of the drain became visible or the written drain 6 easement,orright-of-way, OR ORDER was executed., and the7 THE commissioner or drainage board may use, enter upon, and pre- 8 servesuchTHE easement or right-of-way for maintenance AND 9 IMPROVEMENT of thevisibledrain and any other lawful activity 10 with respect to thesameDRAIN not requiring a larger or dif- 11 ferent easement or right-of-way and may exercise any rights 12 granted in the written easement,orright-of-way, OR ORDER on 13 file in the office of the DRAIN commissioner. UNLESS THE EASE- 14 MENT OR RIGHT-OF-WAY PROVIDES OTHERWISE, THE EASEMENT OR 15 RIGHT-OF-WAY SHALL BE CONSIDERED TO INCLUDE SUFFICIENT GROUND ON 16 EACH SIDE OF THE CENTER LINE OF THE DRAIN FOR THE DEPOSIT OF 17 EXCAVATIONS FROM THE DRAIN, IN ADDITION TO ANY LAND THAT MAY BE 18 SPECIFIED IN THE WRITING. Easements or rights-of-way,or por- 19 tions of easements or rights-of-way,no longer necessary for 20 drainage purposes may be conveyed or released to thefee owners21 LANDOWNERS by the commissioner or drainage board on behalf of the 22 drainage district.The drain commissioner or drainage board23shall give at least 30 days' notice of the intention to release24the excess easements by publishing a notice in a newspaper of25general circulation in the county or a newspaper of general cir-26culation where the drainage district boundaries are located.27This notice shall give a general description of the excess00488'99 * 12 1easements to be released and the date any taxpayers may appear to2protest said release. After said date if no protests are3received, the drain commissioner or drainage board may release4said excess easements or portions thereof not necessary for5drainage purposes.6 SEC. 7. (1) FOR THE PURPOSES OF THIS ACT, A DRAIN COMMIS- 7 SIONER OR DRAINAGE BOARD MAY ACQUIRE PROPERTY OR A PROPERTY 8 INTEREST, INCLUDING, BUT NOT LIMITED TO, LAND, EASEMENTS, AND 9 RIGHTS OF WAY. THE PROPERTY OR A PROPERTY INTEREST MAY BE 10 ACQUIRED BY GIFT, GRANT, DEDICATION, PURCHASE, OR CONDEMNATION 11 UNDER THE UNIFORM CONDEMNATION PROCEDURES ACT, 1980 PA 287, MCL 12 213.51 TO 213.77. 13 (2) A RELEASE OF RIGHT-OF-WAY SHALL DESCRIBE THE LAND TO BE 14 CONVEYED AND SHALL BE SIGNED AND ACKNOWLEDGED BY THE PERSON 15 HAVING THE RIGHT TO CONVEY. SUCH A CONVEYANCE IS SUFFICIENT 16 UNDER THIS ACT. ALL RELEASES FOR RIGHTS-OF-WAY SHALL BE CONSID- 17 ERED TO INCLUDE SUFFICIENT GROUND ON EACH SIDE OF THE CENTER LINE 18 OF THE DRAIN FOR THE DEPOSIT OF THE EXCAVATIONS FROM THE DRAIN. 19 IF THE LANDOWNER IS A MARRIED MAN OR MARRIED WOMAN, IT IS NOT 20 NECESSARY FOR THE LANDOWNER'S WIFE OR HUSBAND TO SIGN THE RELEASE 21 OF RIGHT-OF-WAY UNLESS SHE OR HE HAS AN INTEREST IN THE LAND 22 OTHER THAN AN INCHOATE RIGHT OF DOWER. IF A PORTION OF A DRAIN 23 IS LOCATED WITHIN A ROADWAY, OR PUBLIC PLACE, THEN A RESOLUTION 24 OF THE ROADWAY AUTHORITY OR THE GOVERNING BODY HAVING JURISDIC- 25 TION OVER THE PUBLIC PLACE, RESPECTIVELY, GRANTING LEAVE TO CON- 26 STRUCT THE DRAIN THEREIN AND DESIGNATING THE PLACE TO BE 00488'99 * 13 1 TRAVERSED BY THE DRAIN, IS A SUFFICIENT RELEASE OF THE 2 RIGHT-OF-WAY, UNDER THIS ACT. 3 (3) A COUNTY DRAIN OR INTERCOUNTY DRAIN MAY BE LAID WITHIN 4 OR ACROSS THE RIGHT-OF-WAY OF A ROADWAY IF THE DRAIN COMMISSIONER 5 OR DRAINAGE BOARD, RESPECTIVELY, OBTAINS A PERMIT FROM THE ROAD- 6 WAY AUTHORITY. 7 (4) IF THE FEDERAL GOVERNMENT IS PARTICIPATING IN A PROJECT 8 UNDER THIS ACT, PROPERTY OR A PROPERTY INTEREST FOR THE PROJECT 9 MAY BE ACQUIRED BY THE FEDERAL GOVERNMENT UNDER APPLICABLE FED- 10 ERAL LAW. EXCEPT AS PROVIDED IN SECTION 431, THE COST FOR THE 11 FEDERAL GOVERNMENT TO ACQUIRE THE PROPERTY OR A PROPERTY INTEREST 12 SHALL BE CONSIDERED A PART OF THE COST OF THE PROJECT AS IF THE 13 PROPERTY OR A PROPERTY INTEREST WERE ACQUIRED UNDER SUBSECTION 14 (1). 15 SEC. 7A. (1) IF A DRAIN COMMISSIONER OR DRAINAGE BOARD 16 ACQUIRES PROPERTY OR AN INTEREST IN PROPERTY AFTER THE EFFECTIVE 17 DATE OF THE AMENDATORY ACT THAT AMENDED SECTION 1 IN CONNECTION 18 WITH ANY PROPOSED DRAIN OR DRAINS, THE DRAIN COMMISSIONER OR 19 DRAINAGE BOARD SHALL RECORD THE PROPERTY OR INTEREST IN PROPERTY 20 IN THE OFFICE OF THE REGISTER OF DEEDS. 21 (2) PROPERTY OR AN INTEREST IN PROPERTY ACQUIRED AT ANY TIME 22 IN CONNECTION WITH AN EXISTING DRAIN MAY BE RECORDED IN THE 23 OFFICE OF THE REGISTER OF DEEDS AT ANY TIME BUT SHALL BE RECORDED 24 WHEN THE DRAIN IS MAINTAINED PURSUANT TO A PETITION, IMPROVED, OR 25 CONSOLIDATED. IF A DRAIN IS CONSOLIDATED, ANY EASEMENTS GRANTED 26 TO THE SEPARATE DRAINAGE DISTRICTS SHALL BE CONSIDERED TO BE 00488'99 * 14 1 ASSIGNED TO THE CONSOLIDATED DRAINAGE DISTRICT WITH FULL FORCE 2 AND EFFECT OF LAW AS ORIGINALLY GRANTED. 3 (3) THE COST OF RECORDING UNDER THIS SECTION SHALL BE PAID 4 BY THE DRAINAGE DISTRICT. 5 SEC. 7B. A CERTIFICATE, REPORT, OR DETERMINATION AUTHORIZED 6 OR REQUIRED BY THIS ACT, OR THE RECORD THEREOF, OR A CERTIFIED 7 COPY OF ANY SUCH CERTIFICATE, REPORT, OR DETERMINATION OR RECORD, 8 IS PRIMA FACIE EVIDENCE OF THE FACTS RECITED THEREIN, OF THE 9 TITLE TO THE PROPERTY DESCRIBED OR REFERRED TO, AND OF THE RIGHT 10 OF THE DRAINAGE BOARD OR COMMISSIONER TO TAKE THE PROPERTY FOR 11 DRAIN PURPOSES. 12 SEC. 7C. THE OWNER OF ANY LAND OVER, THROUGH, OR ACROSS 13 WHICH A DRAINAGE DISTRICT HAS ACQUIRED AN EASEMENT OR 14 RIGHT-OF-WAY FOR THE CONSTRUCTION AND MAINTENANCE OF AN OPEN OR 15 COVERED DRAIN SHALL NOT USE THE LAND OCCUPIED BY THE EASEMENT OR 16 RIGHT-OF-WAY IN ANY MANNER INCONSISTENT WITH THE EASEMENT OR 17 RIGHT-OF-WAY OF THE DISTRICT. A USE OF THE LAND THAT WILL INTER- 18 FERE WITH THE OPERATION OF THE DRAIN OR WILL INCREASE THE COST TO 19 THE DISTRICT OF PERFORMING WORK ON THE DRAIN IS INCONSISTENT WITH 20 THE EASEMENT OR RIGHT-OF-WAY. A LANDOWNER WHO VIOLATES THIS SEC- 21 TION IS SUBJECT TO SECTION 421. 22 Sec. 8. (1) The businesswhichPERFORMED BY AND ANY HEAR- 23 ING HELD BY a board orcommissionCOMMITTEE created pursuant to 24 this act, or a body of special commissioners appointed pursuant25to this act, may performshall be conducted at a public meeting 26 of the board, commission, or body of special commissionersOR 27 COMMITTEE held in compliance withAct No. 267 of the Public Acts00488'99 * 15 1of 1976, being sections 15.261 to 15.275 of the Michigan Compiled2LawsTHE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275. 3 Public notice of the time, date, and place of the meeting shall 4 be given in the manner required byAct No. 267 of the Public5Acts of 1976THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 6 15.275. 7 (2) IN ADDITION TO THE REQUIREMENTS OF SUBSECTION (1) AND 8 EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, NOTICE OF PUBLIC HEAR- 9 INGS FOR THE BOARD OF DETERMINATION, DAY OF REVIEW, OR BOARD OF 10 REVIEW; HEARINGS OF PRACTICABILITY AND NECESSITY OF THE DRAINAGE 11 BOARD, THE RECEIVING OF BIDS, AND THE REVIEW OF APPORTIONMENTS; 12 NOTICE OF AN ORDER UNDER SECTION 151 CHANGING THE NAME OR NUMBER 13 OF A DRAIN OR THE BOUNDARIES OF A DRAINAGE DISTRICT; AND NOTICE 14 OF AN ORDER UNDER SECTION 199(1) FOR INSPECTION OF A DRAIN AT 15 LEAST EVERY 3 YEARS SHALL BE SENT BY FIRST-CLASS MAIL TO ALL 16 LANDOWNERS OTHER THAN PUBLIC CORPORATIONS SUBJECT TO AN ASSESS- 17 MENT IN THE DRAINAGE DISTRICT OR PROPOSED DRAINAGE DISTRICT AT 18 THE ADDRESS IN THE LAST CITY, VILLAGE, OR TOWNSHIP TAX ASSESSMENT 19 ROLL. IF A PUBLIC CORPORATION OTHER THAN A STATE DEPARTMENT MAY 20 BE SUBJECT TO AN ASSESSMENT FOR THE DRAIN, NOTICE SHALL BE PER- 21 SONALLY DELIVERED OR SENT BY FIRST-CLASS MAIL TO THE GOVERNING 22 BODY OF THE PUBLIC CORPORATION. IF A STATE DEPARTMENT MAY BE 23 SUBJECT TO AN ASSESSMENT FOR THE DRAIN, NOTICE SHALL BE PERSON- 24 ALLY DELIVERED OR SENT BY FIRST-CLASS MAIL TO THE HEAD OF THE 25 STATE DEPARTMENT. HOWEVER, IF THE HEAD OF THE STATE DEPARTMENT 26 IS A COMMISSION, NOTICE SHALL BE PERSONALLY DELIVERED OR SENT BY 27 FIRST-CLASS MAIL TO THE PRINCIPAL EXECUTIVE OFFICER OF THE STATE 00488'99 * 16 1 DEPARTMENT. NOTICE SHALL ALSO BE PERSONALLY DELIVERED OR SENT BY 2 FIRST-CLASS MAIL TO THE DIRECTOR OF THE STATE TRANSPORTATION 3 DEPARTMENT, THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES, 4 THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY, AND THE 5 BOARD OF COUNTY ROAD COMMISSIONERS. NOTICE OF A CHANGE IN ROUTE 6 OF THE DRAIN AFTER THE FIRST ORDER OF DETERMINATION SHALL BE 7 DELIVERED IN THE MANNER PROVIDED IN THIS SUBSECTION BUT NEED ONLY 8 BE DELIVERED TO LANDOWNERS WHOSE LANDS WILL BE AFFECTED AS A 9 RESULT OF THE CHANGE OF ROUTE. THE NOTICE SHALL BE MAILED AS 10 FOLLOWS: 11 (A) FOR A HEARING UNDER SECTION 467 OR 469, NOT LESS THAN 21 12 DAYS BEFORE THE DATE OF THE HEARING. 13 (B) FOR ANY OTHER PROCEEDING, NOT LESS THAN 14 DAYS BEFORE 14 THE DATE OF THE PROCEEDING. 15 (C) FOR A CHANGE IN ROUTE OF THE DRAIN AFTER THE FIRST ORDER 16 OF DETERMINATION, NOT MORE THAN 14 DAYS AFTER THE APPROVAL OF THE 17 ROUTE. 18 (D) FOR AN ORDER UNDER SECTION 151 CHANGING THE NAME OR 19 NUMBER OF A DRAIN OR THE BOUNDARIES OF A DRAINAGE DISTRICT OR AN 20 ORDER UNDER SECTION 199(1), NOT MORE THAN 14 DAYS AFTER ENTRY OF 21 THE ORDER. 22 (3) THE PERSON GIVING NOTICE SHALL MAKE AN AFFIDAVIT OF THE 23 MAILING AND SHALL RECITE IN THE AFFIDAVIT THAT THE PERSONS TO 24 WHOM THE NOTICE WAS MAILED CONSTITUTE ALL OF THE PERSONS WHOSE 25 NAMES AND ADDRESSES APPEAR UPON THE TAX ROLLS AS OWNING LAND 26 WITHIN THE DRAINAGE DISTRICT OR PROPOSED DRAINAGE DISTRICT. THE 27 AFFIDAVIT OF MAILING IS CONCLUSIVE PROOF THAT NOTICE OF A PUBLIC 00488'99 * 17 1 HEARING DESCRIBED IN SUBSECTION (2) WAS MAILED ACCORDING TO THIS 2 ACT. FAILURE TO RECEIVE A NOTICE BY MAIL IS NOT A JURISDICTIONAL 3 DEFECT INVALIDATING A DRAIN PROCEEDING OR SPECIAL ASSESSMENT IF 4 NOTICE HAS BEEN SENT AS PROVIDED IN THIS ACT. 5 (4) THE NOTICE DESCRIBED IN SUBSECTION (2) SHALL BE POSTED 6 IN THE OFFICE OF EACH DRAIN COMMISSIONER INVOLVED BY THE DATE BY 7 WHICH PUBLICATION IS FIRST REQUIRED. 8 (5) NOTICE OF A PUBLIC HEARING DESCRIBED IN SUBSECTION (2) 9 SHALL BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 10 DRAINAGE DISTRICT. THE NOTICE SHALL SET FORTH THE TIME, DATE, 11 PLACE, AND PURPOSE OF THE MEETING. IF THE HEARING IS FOR THE 12 BOARD OF DETERMINATION, DAY OF REVIEW, OR BOARD OF REVIEW, THE 13 NOTICE SHALL INCLUDE THE NAME, ADDRESS, AND TELEPHONE NUMBER OF 14 THE DRAIN COMMISSIONER IN THE COUNTY WHERE THE PROCEEDING WILL 15 TAKE PLACE. IF THE HEARING IS A HEARING OF PRACTICABILITY AND 16 NECESSITY OF THE DRAINAGE BOARD, THE NOTICE SHALL INCLUDE THE 17 NAME, ADDRESS, AND TELEPHONE NUMBER OF EACH OF THE MEMBERS OF THE 18 DRAINAGE BOARD. THE NOTICE SHALL EXPLAIN THE CONSEQUENCE OF ANY 19 OF THE DECISIONS MADE AT THE HEARING AND SHALL SPECIFY ANY APPEAL 20 PERIOD FOR THE ACTION TAKEN. THE NOTICE SHALL BE PUBLISHED AT 21 LEAST ONCE, NOT LESS THAN 14 DAYS BEFORE THE DATE OF THE 22 PROCEEDING. HOWEVER, FOR A HEARING UNDER SECTION 467 OR 469, 23 NOTICE SHALL BE PUBLISHED AT LEAST TWICE, WITH THE FIRST PUBLICA- 24 TION NOT LESS THAN 21 DAYS BEFORE THE DATE OF THE HEARING. 25 (6)(2)A writing prepared, owned, used, in the possession 26 of, or retained by a board, COMMITTEE, commission, or advisory 27 committee created pursuant to this act, or a commissioner 00488'99 * 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 3Act No. 442 of the Public Acts of 1976, being sections 15.231 to415.246 of the Michigan Compiled LawsTHE FREEDOM OF INFORMATION 5 ACT, 1976 PA 442, MCL 15.231 TO 15.246. 6 Sec. 10. Drains may be laid or extended into or along or 7 from any lake or other body of water surrounded wholly or in part 8 by a swamp, marsh or other low lands for the general purpose of 9 drainage contemplated by this act, but not so as to impair the 10 navigation of any navigable river. 11Any meeting called pursuant to the provisions of this act,12unless otherwise provided, may be adjourned from time to time by13public announcement thereof and no advertisement of the time of14said adjournment shall be required.15 The commissioner shall have jurisdiction over all estab- 16 lished county drains within his OR HER county, heretofore estab- 17 lished and now in the process of being established except that in 18 the case of a drain located or to be located entirely within a 19 single city or village, such jurisdiction shall be consented to 20 by resolution of the governing body of such city or village. 21If any drainage project lies entirely within the limits of22a municipality less than a county, such municipality, by its gov-23erning body, shall have the power to pledge the full faith and24credit of the municipality for the payment of bonds or drain25orders issued in connection with such project, and if a defi-26ciency exists in the drain fund or sinking fund for said drain 127year after the last installment of the deficiency assessment00488'99 * 19 1provided for in section 280 of this act, shall have become2delinquent, such municipality shall forthwith advance to the3county drain fund the amount of such deficiency and thereafter4all receipts of such drain fund from the sale of delinquent tax5lands, which had been assessed for said drain, shall be paid to6the municipality within 90 days after receipt by the county7treasurer.8 Sec. 12. Except as provided in section 8,whenIF a time 9 is specified in this act in which the drain commissioner or a 10 drainage board shall take a specified administrative action or a 11 procedural step, the specification of timeshall be considered12 IS directory and not mandatory, and failure to take the action or 13 step within the time specifiedshallDOES not affect the legal- 14 ity and validity of a drain proceeding.WhereIF the specifi- 15 cation of time relates to the giving of notice, the filing of 16 objections, the taking of an appeal, the commencement of an 17 action in a court, the taking of an action or step in the assess- 18 ment, levy, or collection of drain assessments, taxesor other 19 charges, or to a requirement of due process, the specification of 20 timeshall be consideredIS mandatory if so provided in this 21 act. 22 SEC. 13. (1) THE DIRECTOR OF AGRICULTURE MAY DESIGNATE AN 23 INDIVIDUAL TO ACT IN HIS OR HER STEAD IN RESPECT TO THE PER- 24 FORMANCE OF DUTIES UNDER THIS ACT. IF ANY DEPUTY OR ASSISTANT SO 25 ACTS, IT SHALL BE CONCLUSIVELY PRESUMED THAT HE OR SHE WAS PROP- 26 ERLY DESIGNATED BY THE DIRECTOR OF AGRICULTURE. ANY OFFICIAL 27 PROCEEDINGS MAY BE SIGNED BY THE DESIGNEE IN HIS OR HER OWN 00488'99 * 20 1 NAME. THE SIGNATURE OF THE DESIGNEE SHALL BE FOLLOWED BY HIS OR 2 HER OFFICIAL TITLE. IF AN INDIVIDUAL IS DESIGNATED BY THE DIREC- 3 TOR OF AGRICULTURE TO ACT IN HIS OR HER STEAD IN CONNECTION WITH 4 ALL THE PROCEEDINGS AS TO ANY PROJECT, THEN ANY NOTICE REQUIRED 5 TO BE SERVED UPON OR MAILED TO THE DIRECTOR OF AGRICULTURE MAY BE 6 SERVED UPON OR MAILED TO THE DESIGNEE. 7 (2) EXPENSES INCURRED BY THE DIRECTOR OF AGRICULTURE UNDER 8 THIS ACT SHALL BE ASSUMED BY THE DEPARTMENT OF AGRICULTURE. 9 SEC. 14. (1) FOR A PUBLIC CORPORATION OTHER THAN A STATE 10 DEPARTMENT TO BE A PETITIONER UNDER THIS ACT, THE PETITION SHALL 11 BE AUTHORIZED BY RESOLUTION OF THE GOVERNING BODY AND SIGNED ON 12 BEHALF OF THE PUBLIC CORPORATION BY AN OFFICER DESIGNATED BY THE 13 GOVERNING BODY. A CERTIFIED COPY OF THE RESOLUTION SHALL BE 14 ATTACHED TO THE PETITION. 15 (2) FOR A STATE DEPARTMENT TO BE A PETITIONER UNDER THIS 16 ACT, THE PETITION SHALL BE SIGNED ON BEHALF OF THE STATE DEPART- 17 MENT BY THE HEAD OF THE STATE DEPARTMENT. HOWEVER, IF THE HEAD 18 OF THE STATE DEPARTMENT IS A COMMISSION, THE PETITION SHALL BE 19 SIGNED BY THE PRINCIPAL EXECUTIVE OFFICER OF THE STATE 20 DEPARTMENT. 21 CHAPTER 2.22 COUNTY DRAIN COMMISSIONER.23 Sec. 21. (1)AtSUBJECT TO THIS SECTION, AT the general 24 election to be held in November, 19762000, and each fourth 25 year after November, 19762000, a county drain commissioner 26 shall be elected in each county having a drain commissioner by 27 the qualified electors of the county. The term of office of 00488'99 * 21 1theA commissioner shall begin on the January 1 following the 2 drain commissioner's election and continue for a period of 4 3 years and until his or her successor is elected and qualified, 4 whichever occurs earlier. IF A COUNTY DOES NOT HAVE THE ELECTED 5 OFFICE OF COUNTY DRAIN COMMISSIONER, ON THE EFFECTIVE DATE OF THE 6 1998 AMENDATORY ACT THAT AMENDED SECTION 1, THAT OFFICE IS ESTAB- 7 LISHED OR REESTABLISHED IN THAT COUNTY AS OF JANUARY 1, 2001. 8 (2) As determined by the county board of commissioners, the 9 county drain commissioner shall be covered by a blanket bond or, 10 before entering upon the duties of office, shall execute and file 11 with the county clerk a bond to the people of the state in the 12 penal sum of$5,000.00$100,000.00, issued by a surety company 13 licensed to do business in this state, conditioned upon the 14 faithful discharge of the duties of the office. The county board 15 of commissioners may fix the individual bond to be required of 16 the commissioner at a different amount if, in its judgment, that 17 is desirable. 18 (3) The county board of commissioners of a county having a 19 population of less than 12,000, by resolution of a 2/3 vote of 20 the members elect, may abolish the office of county drain commis- 21 sioner and transfer the powers and duties of the office to the 22 board of county road commissioners. 23 (4) If a county establishes a department of public works 24 pursuant toAct No. 185 of the Public Acts of 1957, as amended,25being sections 123.731 to 123.786 of the Michigan Compiled Laws26 1957 PA 185, MCL 123.731 TO 123.786, or a public improvement 27 agency with the drain commissioner designated as the county agent 00488'99 * 22 1 pursuant to the county public improvement act of 1939,Act2No. 342 of the Public Acts of 1939, as amended, being sections346.171 to 46.188 of the Michigan Compiled Laws1939 PA 342, MCL 4 46.171 TO 46.188, the county board of commissioners, by resolu- 5 tion of a 2/3 vote of the members elected and serving, may com- 6 bine the powers, duties, and functions set forth inAct No. 1857of the Public Acts of 1957, as amended, Act No. 342 of the Public8Acts of 1939, as amended1957 PA 185, MCL 123.731 TO 123.786, 9 THE COUNTY PUBLIC IMPROVEMENT ACT OF 1939, 1939 PA 342, MCL 10 46.171 TO 46.188, and this act into 1 county department headed by 11 a public works commissioner. The public works commissioner shall 12 be elected in the same manner and for the same term as a drain 13 commissioner.and shall carry out the powers and duties of a14drain commissioner.15 (5) A resolution provided for in subsection (4) may not be 16 adopted unless the county board of commissioners has first held 17 at least 1generally publicizedpublic hearing on the 18 resolution. NOTICE OF THE HEARING SHALL BE PUBLISHED AS PROVIDED 19 IN SECTION 8(3). 20 (6) Not less than 3 years after a county establishes the 21 office of public works commissioner pursuant to subsections (4) 22 and (5), or a public improvement agency, the county board of com- 23 missioners, by resolution approved by a 2/3 vote of the members 24 elected and serving, may abolish the office of public works com- 25 missioner not less than 6 months before the next primary election 26 for that office. The office of public works commissioner shall 27 be abolished in the county effective 180 days after a resolution 00488'99 * 23 1 is adopted pursuant to this subsection. The office shall then be 2 referred to as the drain commissioner and the person in office at 3 the time a resolution of abolishment is passed shall fulfill the 4 remainder of the term of office until the next general election. 5 (7)AIN A county that is organized underAct No. 293 of6the Public Acts of 1966, being sections 45.501 to 45.521 of the7Michigan Compiled Laws1966 PA 293, MCL 45.501 TO 45.521, whose 8 charter prescribes an elected county executive, and which county 9 has a population of more than 2,000,000 at the time the charter 10 is adopted,shall be governed by section 21a in place of this11sectionTHE POWERS AND DUTIES OF THE DRAIN COMMISSIONER, UNDER 12 THIS ACT, SHALL BE PERFORMED BY A PERSON OR PERSONS DESIGNATED 13 UNDER THE COUNTY'S CHARTER. 14 Sec. 23. The commissioner shall have jurisdiction over all 15 COUNTY drains withinhisTHE county, including those 16heretofore established and nowin THE process ofconstruction17 BEING ESTABLISHED OR CONSTRUCTED. Drains extending into more 18 than 1 county,or affecting lands in more than 1 county,19 ARE UNDER THE JURISDICTION OF THE DRAINAGE BOARD AND shall be 20 established and constructed in accordance with the provisions of 21 this act regulating the establishment and construction of drains 22 traversing more than 1 county or affecting lands in more than 1 23 county.Nothing in this act shall be construed as depriving a24 THE drain commissioner OF A COUNTY IS NOT DEPRIVED of jurisdic- 25 tionor as making any drainOVER A DRAIN AND THE DRAIN DOES NOT 26 BECOME an intercounty drain, merely becauseaTHE drain extends 27 into another county for the purpose of securing a proper outlet 00488'99 * 24 1 and not for the purpose of draining any lands in the other 2 county,: Provided, suchIF THE extension is approved by the 3 drain commissioners and the COUNTY board ofsupervisors4 COMMISSIONERS of each affected county. The portion ofany such5 THE drain extending into another county shall not be considered 6 in determining the number of signers requiredtoFOR a 7 petition.to locate, establish and construct.8 Sec. 24. (1) THE COUNTY BOARD OF COMMISSIONERS MAY EMPLOY 9 AN ENGINEER WHO SHALL PERFORM UNDER THIS ACT THE SERVICES 10 REQUIRED TO BE PERFORMED BY AN ENGINEER OR SURVEYOR AS MAY BE 11 DIRECTED BY THE DRAIN COMMISSIONER. 12 (2) A commissioner may appoint a deputy or deputies, if13the county board of commissioners approves,and may revoke the 14 appointment at pleasure. The appointment shall be made in writ- 15 ing and filed with the clerk of the county. TO THE EXTENT AUTHO- 16 RIZED BY THE DRAIN COMMISSIONER, A DEPUTY MAY EXECUTE THE POWERS 17 AND DUTIES OF A DRAIN COMMISSIONER UNDER THIS ACT. If the commis- 18 sioner is unable to execute the duties of office, the deputy or 19 deputies shall execute or assist in the execution of the duties 20 of the county drain commissioner.assigned by the county drain21commissioner. As determined by the county board of commission-22ers, the deputy or deputies, either shall be covered by a blanket23bond or shall file a bond with and to be approved by the commis-24sioner in a sum not to exceed $5,000.00, conditioned upon the25faithful discharge of the deputy's or deputies' duties.If the 26 commissioner dies during his or her term, the deputy commissioner 27 shall have all of the powers and be charged with all of the 00488'99 * 25 1 duties of a commissioner until a commissioner is appointed or 2 elected. 3 (3) AS DETERMINED BY THE COUNTY BOARD OF COMMISSIONERS, THE 4 DEPUTY OR DEPUTIES EITHER SHALL BE COVERED BY A BLANKET BOND OR 5 SHALL FILE WITH THE DRAIN COMMISSIONER A BOND TO BE APPROVED BY 6 THE DRAIN COMMISSIONER IN A SUM NOT TO EXCEED $100,000.00, CONDI- 7 TIONED ON THE FAITHFUL DISCHARGE OF THE DUTIES OF THE DEPUTY OR 8 DEPUTIES. 9 Sec. 25. (1) The commissioner andhis bondsmen shall be10 THE SURETIES ON THE INDIVIDUAL OR BLANKET BONDS COVERING THE COM- 11 MISSIONER AND DEPUTY ARE liable for all the acts and defaults of 12theA deputyor deputies whenappointed ashereinprovided 13 IN SECTION 24. After entry of the order designating drainage 14 districts as provided in section54 and section55 OR 105,of15this act,the drainage district as designatedshall be respon-16sible for andIS liable for all acts and defaults ofsuchTHE 17 commissionerand hisOR A deputy,or deputies,except for 18 acts of malfeasance or misfeasance. THE COMMISSIONER IS LIABLE 19 ON THE BLANKET BOND OR HIS OR HER INDIVIDUAL BOND FOR GROSS 20 NEGLECT OF DUTY OR A MISAPPLICATION OF MONEY COMING UNDER HIS OR 21 HER CONTROL AS COMMISSIONER. 22 (2) The COUNTY board ofsupervisorsCOMMISSIONERS may 23 adopt resolutions providing that public liability or other insur- 24 ance may be purchased at the expense of the county to cover such 25 potential liabilities of thevariousdrainage districts under 26 the supervision of the county drain commissioner. 00488'99 * 26 1 Sec. 26. Each deputy commissioner shall receivesuchTHE 2 salary or compensationas theDETERMINED BY THE COUNTY board of 3supervisors shall allowCOMMISSIONERS and all traveling 4 expenses actually and necessarily spentby himin the discharge 5 of his OR HER duties as prescribed in this act.; he shall make6a report to the commissioner of all work performed by him on or7before the first Saturday of each month and an annual report on8or before the second Wednesday in September of each year.9 Sec. 27. (1)County clerks, or the board of auditors in10counties having such boards, shall be authorized, and it shall be11their duty to procure, at the expense of their respective coun-12ties, the necessary books, blanks and stationery for the use of13said commissioners; and each commissioner shall furnish upon14request blank applications or petitions to any person who may15desire to file the same under this act. TheAT THE EXPENSE OF 16 THE COUNTY AND SUBJECT TO COUNTY APPROPRIATIONS, THE office of 17 the DRAIN commissioner shall be furnishedat the expense of the18county by the board of supervisors, or by the board of auditors19in counties having such boards, and shall be maintained at the20county seat, in which said office said commissioner shall be and21remain at least 1 day per week such day to be painted on the door22of the commissioner's office and printed or stamped on his23stationery.WITH ALL OF THE FOLLOWING AS NECESSARY TO FULFILL 24 THE DUTIES OF THIS ACT OR OTHER ACTS, ORDINANCES, OR RESOLUTIONS 25 SPECIFYING DUTIES TO BE PERFORMED BY THE DRAIN COMMISSIONER: 26 (A) BOOKS, BLANKS, DOCUMENTS, STATIONERY, AND OFFICE 27 SUPPLIES. 00488'99 * 27 1 (B) OFFICE EQUIPMENT NECESSARY TO MAKE PROFILES, BLUEPRINTS, 2 AND SPECIFICATIONS IN ANY DRAINAGE DISTRICT, WORD PROCESSING 3 EQUIPMENT, AND MAPPING AND ASSESSING EQUIPMENT. 4 (C) SPACE AND FACILITIES TO FILE, PRESERVE, AND RETAIN FIELD 5 NOTES, BLUEPRINTS, PROFILES, ESTIMATES, AND ALL OTHER RECORDS. 6 (2) THE OFFICE OF THE COMMISSIONER SHALL BE MAINTAINED AT 7 THE COUNTY SEAT OR AT FACILITIES OUTSIDE THE COUNTY SEAT WHERE 8 OTHER COUNTY OFFICERS ARE LOCATED. 9 Sec. 28. (1)EachSUBJECT TO SUBSECTION (2), A DRAIN com- 10 missioner shall receive an annual salaryto be paid at other11county officers are paid, theAND FRINGE BENEFITS AS DETERMINED 12 BY THE COUNTY BOARD OF COMMISSIONERS. THE amount of the salary 13toAND FRINGE BENEFITS SHALL be fixed by the county board of 14 commissioners before November 1 of each year AND SHALL BE PAID 15 FROM THE GENERAL FUND OF THE COUNTY in the same manner AND AT THE 16 SAME TIME as the salaries AND FRINGE BENEFITS of other county 17 officers are fixed AND PAID.TheA DRAIN COMMISSIONER'S salary 18 may be increased but shall not be decreased duringhis or her19 THE term of office, and in addition, each commissioner shall be20allowedOR SUCCESSIVE TERMS OF OFFICE OF THAT DRAIN 21 COMMISSIONER. A DRAIN COMMISSIONER'S FRINGE BENEFITS SHALL NOT 22 BE DECREASED DURING THE TERM OF OFFICE TO A GREATER EXTENT THAN 23 THE FRINGE BENEFITS OF ELECTED COUNTY OFFICIALS IN GENERAL ARE 24 DECREASED. THE COUNTY SHALL PAY A DRAIN COMMISSIONER FOR his or 25 her actual necessary expenses, including traveling expenses 26 incurred in the discharge of the duties of the office.,27including all actual and necessary expense for clerk hire and00488'99 * 28 1recording by the county board of commissioners or board of county2auditors to be paid by the county.The expense account shall be 3 an itemized account.and verified by oath taken before a proper4officer.The amounts paid to the commissioner for salary and 5 expenses shall be in full for all services rendered by the com- 6 missioner and all expenses incurred in the performance of the 7 duties of the office. 8 (2)Notwithstanding subsection (1), forIF a county 9whichhas a county officers compensation commission, the com- 10 pensation foreachTHE county drain commissioner shall be 11 determined by that commission UNDER 1978 PA 485, MCL 45.471 TO 12 45.477.A change in compensation for a county drain commis-13sioner of a county which has a county officers compensation com-14mission shall commence at the beginning of the first odd numbered15year after the determination is made by the county officers com-16pensation commission and is not rejected.17 Sec. 29.The county shall furnish the commissioner with18all necessary books and papers for use in the survey, and such19office equipment as shall be necessary in making profiles, blue-20prints and specifications in any drainage district. The surveyor21or engineer shall file with the commissioner all field notes,22blueprints, profiles, estimates and all other papers in his pos-23session relating to said drain. The board of supervisors of any24county may employ an engineer who shall perform under this act25the services required to be performed by an engineer or26surveyor.THE DRAIN COMMISSIONER'S OFFICE SHALL FURNISH TO ANY 27 PERSON, WHO MAY SO DESIRE, DOCUMENTS AS MAY BE REQUIRED TO 00488'99 * 29 1 IMPLEMENT THE PROCEDURES OF THIS ACT, AND THE DRAIN COMMISSIONER 2 MAY ASSIST IN THE PREPARATION OF SUCH DOCUMENTS AS MAY BE 3 REQUIRED TO IMPLEMENT THE PROCEDURES OF THIS ACT. 4 Sec. 30.It shall be the duty of each commissioner to make5and keepA DRAIN COMMISSIONER SHALL MAINTAIN a full financial 6 statement of each drainage district. The commissioner shall also 7 make and keep inhisTHE COMMISSIONER'S officein a book to be8provided for that purposea complete record of each drainage 9 district., whichTHE record shall include a copy oftheANY 10 application for laying out and designatingsuchTHE district 11 UNDER FORMER PROVISIONS OF THIS ACT, of the petition for the 12 drain, of the minutes of the survey, of the releases of the 13 right-of-way where the same have been released, of the orders of 14 determination of the necessity for and of the establishment of 15 the drain, and of the apportionment and assessment of benefits 16 therefor. Where special commissioners have been called, it17shall also contain a copy of the application to the probate18court, of the return of the special commissionersand of all 19 otherpapersRECORDS inhisTHE office necessary to show a 20 complete history of each drainage district, all of which said 21 originalpapersRECORDS shall then be enrolled and filed in the 22 office of the county drain commissioner.No drain tax shall be23spread until all the records required have been deposited and24filed in the office of the county drain commissioner.25 Sec. 31.(1) EachIF REQUESTED BY THE COUNTY BOARD OF 26 COMMISSIONERS, A DRAIN commissioner shall make a report to the 27 county board of commissioners at its annual meeting in October of 00488'99 * 30 1 the drainage districtslaid out, the drains constructed,2finished, or begunESTABLISHED AND THE DRAINS ESTABLISHED AND 3 CONSTRUCTED under his or her supervision during the year ending 4 October 1, andthe commissionershallalsosubmit to the 5 board a full financial statement of each drainage district. THE 6 REPORTS ARE INTENDED TO BE ADVISORY AND NOT A PREREQUISITE TO THE 7 SPREAD OF ANY SPECIAL ASSESSMENTS UNDER THIS ACT. THE FAILURE TO 8 SUBMIT A REPORT DOES NOT CONSTITUTE A DEFECT INVALIDATING A DRAIN 9 PROCEEDING OR SPECIAL ASSESSMENT. If authorized by resolution of 10 the county board of commissioners, the report shall be made 11 before April 2 of each year and shall cover the preceding calen- 12 dar year. The commissioner shall also make reports and furnish 13 information as required by the director ofthe department of14 agriculture.(2)The reportsrequired by subsection (1)15 SPECIFIED IN THIS SECTION shall include an itemized statement of 16 the orders issued on account of each drainage district and a 17 debit and credit balance of the district fund.The commissioner18shall be liable on the blanket bond or his or her individual bond19for gross neglect of duty or a misapplication of money coming20under his or her control as commissioner.21 Sec. 32. The COUNTY board ofsupervisors of each county22having a drain commissionerCOMMISSIONERS may adopt a resolution 23 authorizing the county to enter into an agreement with the secre- 24 tary ofhealth, education and welfare pursuant to the provisions25of Act No. 205 of the Public Acts of 1951, as amended, being sec-26tions 38.851 to 38.870 of the Compiled Laws of 1948,THE 27 DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER 1951 PA 205, MCL 00488'99 * 31 1 38.851 TO 38.871, to allow the drain commissioner and all the 2 employees of the drain commissioner's office to obtain the bene- 3 fits provided by thefederalsocial security act, CHAPTER 531, 4 49 STAT. 620. The funds necessary for this coverage shall be 5 appropriated from the county general fund.or from the revolving6drain fund.7 Sec. 33. (1)The salary of the commissioner, deputy com-8missioners, and clerks and employees of the drain commissioner's9office shall, except as otherwise provided in this act, be paid10from the general fund of the county in the same manner and at the11same time as other county employees are paid. (2)The drain 12 commissioner may, with the approval of the county board of com- 13 missioners, hire drain maintenance employees.Such drainDRAIN 14 maintenance employeesshall be consideredARE county employees 15 and shall be compensated from the general fund of a county in the 16 same manner and at the same time as other county employees. 17 (2)(3)The general fund of a county shall be reimbursed 18 by the drain districts in which work is performed by drain main- 19 tenance employees hired by the commissioner pursuant to subsec- 20 tion (2) for compensation, including the cost of fringe benefits, 21 paid to the drain maintenance employees by the county from its 22 general fund. The county board of commissioners may waive the 23 reimbursement for emergency worknot exceeding $800.00per- 24 formed on any 1 drain during the course of 1 year. 25 SEC. 34. (1) IF A MUNICIPALITY DETERMINES THAT CONSTRUCTION 26 OR OTHER ACTIVITY THAT THE MUNICIPALITY HAS AUTHORITY TO APPROVE 27 MAY HAVE A SIGNIFICANT EFFECT ON THE QUANTITY OR QUALITY OF WATER 00488'99 * 32 1 ENTERING A DRAIN OR ON THE HYDROLOGY OF A DRAIN, THE MUNICIPALITY 2 SHALL NOTIFY THE DRAIN COMMISSIONER A REASONABLE TIME BEFORE 3 APPROVING THE ACTIVITY. THE DRAIN COMMISSIONER MAY REVIEW, 4 INSPECT, AND ANALYZE THE ACTIVITY AND MAKE RECOMMENDATIONS TO THE 5 MUNICIPALITY. THE DRAIN COMMISSIONER MAY PROPOSE AND THE COUNTY 6 BOARD OF COMMISSIONERS MAY ADOPT AN ORDINANCE ESTABLISHING A 7 SCHEDULE OF FEES ATTENDANT TO THE REVIEW, INSPECTION, OR ANALYSIS 8 OF ACTIVITY DESCRIBED IN THIS SUBSECTION. 9 (2) THE DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL REVIEW 10 AND MAY APPROVE ALL REQUESTS TO DISCHARGE INTO, MAKE A CONNECTION 11 TO, OR CONSTRUCT A CROSSING OF ANY ESTABLISHED COUNTY OR INTER- 12 COUNTY DRAINS. THE DRAIN COMMISSIONER MAY PROPOSE AND THE COUNTY 13 BOARD OF COMMISSIONERS MAY ADOPT AN ORDINANCE TO IMPLEMENT THIS 14 SUBSECTION. THE ORDINANCE MAY INCLUDE A SCHEDULE OF FEES TO BE 15 CHARGED FOR THE REVIEW AND INSPECTION OF ANY DISCHARGES, CONNEC- 16 TIONS, OR CROSSINGS AND PENALTIES FOR NONCOMPLIANCE. THE FEES 17 SHALL BE DEPOSITED IN A REVOLVING FUND AND USED FOR REVIEWS AND 18 INSPECTIONS AS SPECIFIED IN THE ORDINANCE. IF THE REVOLVING FUND 19 IS NOT SUFFICIENT TO COVER EXPENSES FOR THE REVIEWS AND INSPEC- 20 TIONS, THE EXPENSES SHALL BE PAID FROM THE COUNTY GENERAL FUND. 21 (3) THE DRAIN COMMISSIONER MAY ESTABLISH RULES AND SCHEDULE 22 OF FEES FOR OTHER REVIEWS AND INSPECTIONS REQUIRED OF THE DRAIN 23 COMMISSIONER'S OFFICE BY THE COUNTY BOARD OF COMMISSIONERS OR BY 24 OTHER STATUTE, INCLUDING BUT NOT LIMITED TO THE LAND DIVISION 25 ACT, 1967 PA 288, MCL 560.101 TO 560.293, THE MOBILE HOME COMMIS- 26 SION ACT, 1987 PA 96, MCL 125.2301 TO 125.2349, AND THE 27 CONDOMINIUM ACT, 1978 PA 59, MCL 559.101 TO 559.275. THE RULES 00488'99 * 33 1 AND SCHEDULE OF FEES SHALL NOT TAKE EFFECT UNLESS APPROVED BY THE 2 COUNTY BOARD OF COMMISSIONERS. THE FEES SHALL BE DEPOSITED IN A 3 REVOLVING FUND UNDER SUBSECTION (1). 4 SEC. 35. (1) IF A DRAIN COMMISSIONER WHO IS REQUIRED TO 5 APPORTION BENEFITS UNDER THIS ACT, OR THE SPOUSE OR CHILD OF SUCH 6 A DRAIN COMMISSIONER, OWNS LANDS THAT WOULD BE LIABLE TO AN 7 ASSESSMENT FOR THE BENEFITS, OR IF THE COMMISSIONER IS OTHERWISE 8 DISQUALIFIED TO ACT IN THE MAKING OF AN APPORTIONMENT OF BENE- 9 FITS, THE COMMISSIONER SHALL FILE WITH THE JUDGE OF PROBATE OF 10 THE COUNTY A COPY OF THE PETITION AND A SIGNED STATEMENT SHOWING 11 THAT THE DRAIN COMMISSIONER IS DISQUALIFIED TO ACT IN MAKING THE 12 APPORTIONMENT OF BENEFITS. 13 (2) NOT MORE THAN 14 DAYS AFTER RECEIVING THE PETITION AND 14 SIGNED STATEMENT UNDER SUBSECTION (1), THE JUDGE OF PROBATE SHALL 15 APPOINT A DISINTERESTED DRAIN COMMISSIONER OF AN ADJOINING OR 16 NEARBY COUNTY TO MAKE THE APPORTIONMENT OF BENEFITS ON THE 17 DRAIN. THE DISINTERESTED COMMISSIONER APPOINTED SHALL MAKE AND 18 COMPLETE WITHIN A PERIOD OF 28 DAYS, OR WITHIN SUCH REASONABLE 19 TIME THEREAFTER AS MAY BE NECESSARY, AN APPORTIONMENT OF THE BEN- 20 EFITS OF THE DRAIN AND FILE THE APPORTIONMENT WITH THE DISQUALI- 21 FIED COMMISSIONER. THE APPORTIONMENT SHALL BE ADOPTED FOR THE 22 DRAIN, SUBJECT TO THE SAME RIGHTS OF APPEAL AS PROVIDED IN THIS 23 ACT. THE DISQUALIFIED COMMISSIONER SHALL FURNISH THE DISINTER- 24 ESTED COMMISSIONER WITH A COPY OF THE FINAL ORDER OF DETERMINA- 25 TION ON THE DRAIN. 26 (3) THE SALARY OF THE COMMISSIONER APPOINTED UNDER SECTION 27 36 SHALL BE THE SAME AS THAT RECEIVED FROM THE COUNTY OF WHICH HE 00488'99 * 34 1 OR SHE IS THE COMMISSIONER. THE SALARY, TOGETHER WITH ALL 2 EXPENSES ACTUALLY AND NECESSARILY INCURRED BY THE COMMISSIONER, 3 SHALL BE ASSESSED AGAINST THE DRAIN IN CONNECTION WITH WHICH THE 4 SERVICES WERE PERFORMED AND SHALL BE PAID IN THE SAME MANNER AS 5 OTHER EXPENSES ARE PAID. 6 CHAPTER 3.7 COUNTY DRAINAGE DISTRICTS AND COUNTY DRAINS.8 Sec. 51. (1)Before a commissioner takes any action on any9application to locate, establish and construct any drain, there10shall first be filed with him an application to lay out and des-11ignate a drainage district with reference to a proposed drain12therein; such application shall tentatively describe the location13and route of such proposed drain. The application shall be14signed by not less than 10 freeholders of the township or town-15ships in which such proposed drain or the proposed lands to be16drained thereby may be situated: Provided, That 5 or more of17said signers shall be the owners of land liable to an assessment18for the construction of such proposed drain: Provided further,19If it shall appear to the drain commissioner on filing an appli-20cation to lay out and designate a drainage district that said21district might not include 20 freeholders whose lands would be22liable for such assessment, in such case such application shall23be received if any one of the signers is a freeholder liable to24an assessment for the construction of such proposed drain.TO 25 INITIATE THE ESTABLISHMENT OF A DRAINAGE DISTRICT AND THE ESTAB- 26 LISHMENT AND CONSTRUCTION OF A DRAIN, A PETITION SHALL BE FILED 27 WITH THE DRAIN COMMISSIONER. SUBJECT TO SUBSECTION (2), THE 00488'99 * 35 1 PETITION SHALL BE SIGNED BY 5 LANDOWNERS IN THE PROPOSED DRAINAGE 2 DISTRICT WHOSE LANDS WOULD BE LIABLE TO ASSESSMENT FOR BENEFITS 3 OR AT LEAST 50% OF THE LANDOWNERS IF THERE ARE LESS THAN 5 LAND- 4 OWNERS WHOSE LANDS WOULD BE LIABLE FOR ASSESSMENT OR MAY BE 5 SIGNED BY LANDOWNERS REPRESENTING 25% OF THE LAND AREA LIABLE FOR 6 ASSESSMENT. The DRAIN COMMISSIONER SHALL DETERMINE THE eligibil- 7 ity of the signers tosuch application shall be determined by8the drain commissioner according to their interest of record in9the office of the register of deeds, in the probate court or in10the circuit court of the county in which such lands are situated11at the time such application isTHE PETITION BASED ON THEIR 12 STATUS AS LANDOWNERS WHEN THE PETITION WAS filed.The board of13supervisors, by resolution, may instruct the drain commissioner14to refuse any application to lay out a drainage district unless a15cash deposit, sufficient to cover the preliminary costs, accom-16panies the application. If the drain is completed, the cost17advanced shall be returned to the depositor or his personal rep-18resentative out of the first tax collections on the drain. If19uncompleted, any excess above costs shall be so returned. In20lieu of an application signed by freeholders as aforesaid, such21an application may be signed solely by the board of health of the22county23 (2) INSTEAD OF LANDOWNERS, A PUBLIC CORPORATION MAY PETITION 24 FOR THE ESTABLISHMENT OF A DRAINAGE DISTRICT AND THE ESTABLISH- 25 MENT AND CONSTRUCTION OF A DRAIN if the proposed drain is neces- 26 sary forthepublic healthof any part of the county, or may27be signed solely by any city, village or township when duly00488'99 * 36 1authorized by its governing body, if the proposed drain is2necessary for the public health of such municipality and if such3municipalityIN THE PUBLIC CORPORATION AND IF THE PUBLIC 4 CORPORATION will be liable for an assessment at largeagainst5itfor a percentage of the cost of the proposed drain. The 6 entry ofan order designating a drainage district, as hereinaf-7ter provided,AN ORDER OF NECESSITY UNDER SECTION 54 shall be 8 considered a determination of the sufficiency ofsuch9applicationTHE PETITION. 10 (3) THE PETITION SHALL REQUEST THE ESTABLISHMENT OF A DRAIN- 11 AGE DISTRICT AND THE ESTABLISHMENT AND CONSTRUCTION OF A DRAIN 12 AND SET FORTH THE REASONS FOR THE REQUEST. THE PETITION MAY 13 REQUEST THAT MEASURES BE UNDERTAKEN WHICH ARE INTENDED BOTH TO 14 ENHANCE OR IMPROVE THE NATURAL RESOURCE VALUES OF THE PROPOSED 15 DRAIN AND TO PROVIDE BENEFIT TO THE DESIGNED FUNCTION, LONGEVITY, 16 OR HYDRAULIC CAPACITY OF THE PROPOSED DRAIN. THE PETITION MAY 17 PROPOSE A LOCATION AND ROUTE FOR THE DRAIN. 18 (4) THE PETITION SHALL BE ACCOMPANIED BY A DESCRIPTION OR 19 TAX PARCEL NUMBER OF THE LAND IN THE PROPOSED DISTRICT OWNED BY 20 EACH SIGNER AND BY A CERTIFICATE OF THE COUNTY TREASURER AS TO 21 PAYMENT OF TAXES AND SPECIAL ASSESSMENTS AGAINST THE LANDS. THE 22 CERTIFICATE SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM: 23 I HEREBY CERTIFY THAT THERE ARE NO TAXES OR SPECIAL ASSESS- 24 MENTS UNPAID AGAINST ANY OF THE LANDS DESCRIBED IN THE ANNEXED 25 LIST ACCORDING TO THE RECORDS OF THE COUNTY TREASURER'S OFFICE 26 FOR THE PRECEDING 3 YEARS, EXCEPT AS FOLLOWS: 00488'99 * 37 1 2 DESCRIPTION YEAR TAX OR ASSESSMENT AMOUNT 3 ................. ............ ..................... ........ 4 (5) THE NAME OF ANY SIGNER AS TO WHOSE LAND THE CERTIFICATE 5 SHOWS TAXES OR ASSESSMENTS UNPAID FOR THE PRECEDING 3 YEARS SHALL 6 NOT BE COUNTED. IF IT APPEARS FROM THE CERTIFICATE THAT 33-1/3% 7 OR MORE OF THE LANDS IN THE PROPOSED DRAINAGE DISTRICT HAVE BEEN 8 RETURNED AS TAX DELINQUENT AND STILL REMAIN DELINQUENT, THE COM- 9 MISSIONER SHALL NOT TAKE FURTHER ACTION ON THE PETITION. 10 (6) THE COUNTY BOARD OF COMMISSIONERS, BY RESOLUTION, MAY 11 INSTRUCT THE DRAIN COMMISSIONER TO REFUSE A PETITION TO ESTABLISH 12 A DRAINAGE DISTRICT AND ESTABLISH AND CONSTRUCT A DRAIN UNLESS A 13 CASH DEPOSIT ACCOMPANIES THE PETITION. THE AMOUNT OF THE CASH 14 DEPOSIT SHALL NOT EXCEED THE DRAIN COMMISSIONER'S REASONABLE 15 ESTIMATE OF THE COSTS TO COMPLY WITH THE REQUIREMENTS OF SECTIONS 16 52 AND 53. 17 (7) IF THE DRAIN IS CONSTRUCTED, THE COSTS INCURRED ARE 18 COSTS OF THE DRAINAGE DISTRICT AND A DEPOSIT SHALL BE RETURNED TO 19 THE DEPOSITOR OR HIS OR HER PERSONAL REPRESENTATIVE OUT OF THE 20 FIRST SPECIAL ASSESSMENT COLLECTIONS ON THE DRAIN OR BORROWED 21 FUNDS SECURED BY SPECIAL ASSESSMENT COLLECTIONS ON THE DRAIN, 22 WHICHEVER IS RECEIVED FIRST. IF THE DRAIN IS NOT CONSTRUCTED 23 BECAUSE THE PETITION WAS DEEMED IMPRACTICAL OR NOT NECESSARY, 24 COSTS INCURRED, INCLUDING ANY ATTORNEY FEES, SHALL BE PAID FROM 25 THE DEPOSIT. IF COSTS INCURRED ARE IN EXCESS OF THE DEPOSIT OR 26 IF NO DEPOSIT WAS REQUIRED BY THE COUNTY BOARD OF COMMISSIONERS, 27 THE COSTS SHALL BE PAID FROM THE GENERAL FUND OF THE COUNTY. 00488'99 * 38 1 (8) IF THE PETITION SHOWS, OR IT IS DETERMINED THEREAFTER, 2 THAT THE PROPOSED DRAIN WILL AFFECT LANDS IN MORE THAN 1 COUNTY, 3 THE COMMISSIONER SHALL PROCEED UNDER CHAPTER 5. 4 Sec. 52.Upon filing of such application for a new drain-5age district, the commissioner shall immediately cause a survey6to be made by a competent surveyor or engineer to determine the7area which would be drained by the proposed drain, and the route8and type of construction of the drain or drains most serviceable9for that purpose. He shall not be limited in such determination10to the route described in the application. In any county having11a board of county auditors, no survey shall be ordered without12the approval of such board but if the application shows, or it is13determined thereafter, that any such proposed drainage district14will affect lands in more than 1 county, the commissioner shall15proceed under the portions of chapter 5 of this act relating to16intercounty drains, and in such case the approval of the board of17county auditors shall not be required. If upon the survey, or if18before the survey is made, the commissioner determines that the19proposed drain is impractical, he shall take no further action20thereon but shall, in writing, notify the persons who delivered21the application to him, of that fact, and his reasons for making22his determination. If upon the survey the commissioner deter-23mines the proposed drain to be practical, he shall lay out a24drainage district, prepare and file in the office of the drain25commissioner a description of the drainage district, which may be26described by its boundaries of highways and streets and tracts27and parcels of land including therein all highways and streets,00488'99 * 39 1townships, cities and villages or by a description of all tracts2or parcels of land, highways, townships, cities and villages3which would be benefited by the construction of the proposed4drain, and which would be liable to an assessment therefor,5should the drain be constructed as hereinafter provided. The6commissioner shall obtain from the county treasurer a statement7showing as near as may be the amount of taxes and special assess-8ments levied against the lands in the proposed drainage district9on the tax rolls for the 3 years next preceding, and the amount10of such taxes and assessments remaining unpaid, and if it appears11from the statement that 33 1/3% or more of the lands in the pro-12posed drainage district have been returned as tax delinquent and13still remain delinquent, no further action shall be taken.14 (1) AS SOON AS PRACTICABLE BUT NOT LATER THAN 60 DAYS AFTER 15 THE FILING OF A PETITION UNDER SECTION 51, THE COMMISSIONER 16 AUTHORIZED TO ACT ON THE PETITION, IF NOT DISQUALIFIED UNDER SEC- 17 TION 381 TO MAKE THE APPORTIONMENT OF BENEFITS, MAY APPOINT A 18 BOARD OF DETERMINATION COMPOSED OF 3 DISINTERESTED PROPERTY 19 OWNERS AND AN ALTERNATE DISINTERESTED PROPERTY OWNER. IF THE 20 COMMISSIONER IS DISQUALIFIED OR CHOOSES NOT TO APPOINT THE BOARD 21 OF DETERMINATION, THE COMMISSIONER SHALL IMMEDIATELY FILE WITH 22 THE CHAIRPERSON OF THE COUNTY BOARD OF COMMISSIONERS A COPY OF 23 THE PETITION, TOGETHER WITH A STATEMENT SIGNED BY THE COMMISSION- 24 ER, EXPLAINING WHY HE OR SHE IS DISQUALIFIED OR CHOOSES NOT TO 25 ACT IN APPOINTING A BOARD OF DETERMINATION. AS SOON AS PRACTICA- 26 BLE AFTER RECEIVING THE COPY OF THE PETITION AND THE STATEMENT, 27 THE CHAIRPERSON OF THE COUNTY BOARD OF COMMISSIONERS, IF NOT 00488'99 * 40 1 PRIVATELY INTERESTED, SHALL APPOINT THE BOARD OF DETERMINATION 2 AND SHALL IMMEDIATELY NOTIFY THE DRAIN COMMISSIONER OF THE NAMES 3 AND ADDRESSES OF THOSE APPOINTED. IF THE CHAIRPERSON OF THE 4 COUNTY BOARD OF COMMISSIONERS HAS A PRIVATE INTEREST IN THE PRO- 5 CEEDINGS, THE FINANCE COMMITTEE OF THE COUNTY BOARD OF COMMIS- 6 SIONERS SHALL APPOINT THE BOARD OF DETERMINATION. 7 (2) EACH MEMBER OF A BOARD OF DETERMINATION SHALL BE A LAND- 8 OWNER IN THE COUNTY. EACH MEMBER OF THE BOARD OF DETERMINATION 9 SHALL BE A RESIDENT OF THE COUNTY, BUT NOT OF A TOWNSHIP, CITY, 10 OR VILLAGE AFFECTED BY THE DRAIN. A MEMBER OF THE BOARD OF 11 DETERMINATION SHALL ALSO NOT BE EITHER OF THE FOLLOWING: 12 (A) A MEMBER OF THE COUNTY BOARD OF COMMISSIONERS. 13 (B) THE SPOUSE, PARENT, CHILD, OR SIBLING OF A MEMBER OF THE 14 COUNTY BOARD OF COMMISSIONERS OR OF THE DRAIN COMMISSIONER. 15 (3) A HEARING OF THE BOARD OF DETERMINATION SHALL BE CALLED 16 WITHIN THE DRAINAGE DISTRICT AT A CONVENIENT PLACE TO BE DESIG- 17 NATED BY THE DRAIN COMMISSIONER. THE BOARD OF DETERMINATION 18 HEARING ALSO MAY BE HELD OUTSIDE THE DRAINAGE DISTRICT AT A SUIT- 19 ABLE PUBLIC BUILDING ANYWHERE WITHIN THE CITY, VILLAGE, OR TOWN- 20 SHIP IN WHICH THE DRAIN IS LOCATED OR, IF THERE IS NO SUCH BUILD- 21 ING, AT ANY SUITABLE PUBLIC BUILDING NEAR THE DRAINAGE DISTRICT. 22 IF AN INDIVIDUAL APPOINTED TO THE BOARD OF DETERMINATION FAILS OR 23 REFUSES TO SERVE OR IS DISQUALIFIED, THE DRAIN COMMISSIONER, THE 24 COUNTY BOARD OF COMMISSIONERS, OR THE FINANCE COMMITTEE OF THE 25 COUNTY BOARD OF COMMISSIONERS, WHICHEVER APPOINTED THE INDIVIDU- 26 AL, SHALL APPOINT A SUCCESSOR. 00488'99 * 41 1 (4) THE PER DIEM COMPENSATION, MILEAGE, AND EXPENSES OF A 2 MEMBER OF THE BOARD OF DETERMINATION SHALL BE PAID IN THE SAME 3 AMOUNT AND MANNER AS FOR A MEMBER OF THE COUNTY BOARD OF COMMIS- 4 SIONERS OF THE COUNTY. IN A COUNTY IN WHICH MEMBERS OF THE 5 COUNTY BOARD OF COMMISSIONERS ARE NOT PAID ON A PER DIEM BASIS, 6 THE COMPENSATION, MILEAGE, AND EXPENSES SHALL BE FIXED BY THE 7 DRAIN COMMISSIONER. 8 (5) UPON REQUEST, THE COUNTY DRAIN COMMISSIONER SHALL INFORM 9 IN WRITING THE REQUESTING STATE LEGISLATOR WHO REPRESENTS THAT 10 PORTION OF THE AREA IN WHICH THE PROPOSED DRAIN IMPROVEMENT IS TO 11 BE CONSTRUCTED OF THE NAMES AND ADDRESSES OF THE PERSONS 12 APPOINTED TO A BOARD OF DETERMINATION. 13 (6) NOTICE OF THE HEARING OF THE BOARD OF DETERMINATION 14 SHALL BE GIVEN IN THE MANNER PROVIDED IN SECTION 8. 15 (7) THE DRAIN COMMISSIONER SHALL ARRANGE FOR A CERTIFIED 16 COURT REPORTER, STENOMASK REPORTER, OR COURT RECORDER TO ATTEND 17 EACH HEARING OF THE BOARD OF DETERMINATION AND TAKE A VERBATIM 18 RECORD OF THE PROCEEDINGS. IF PROCEEDINGS ARE INITIATED IN THE 19 PROBATE OR CIRCUIT COURT UNDER SECTION 54(4) OR (5) OR SECTION 20 58, THE DRAIN COMMISSIONER SHALL PROMPTLY REQUEST THE REPORTER OR 21 RECORDER TO FURNISH A TRANSCRIPT OF THE PROCEEDINGS TO THE 22 COURT. UPON REQUEST OF THE DRAIN COMMISSIONER, THE REPORTER OR 23 RECORDER SHALL PROMPTLY FURNISH THE TRANSCRIPT TO THE COURT. 24 (8) THE BOARD OF DETERMINATION SHALL MEET AT THE TIME AND 25 PLACE SPECIFIED IN THE NOTICE. THE BOARD OF DETERMINATION SHALL 26 ACT BY MAJORITY VOTE OF THE BOARD OF DETERMINATION. THE DRAIN 00488'99 * 42 1 COMMISSIONER OR DEPUTY DRAIN COMMISSIONER SHALL ATTEND THE 2 HEARING OF THE BOARD OF DETERMINATION. 3 Sec. 53.The surveyor or engineer authorized to make the4survey shall ascertain the size and depth of the drains and he5shall preserve all minutes with reference thereto. He shall pre-6pare preliminary plans, drawings and profiles thereof, together7with a computation of the yards of earth to be excavated, the8amount of tile or pipe to be used and the necessary bridges and9culverts or fords to be built in constructing such proposed10drain, and his estimate of the cost of such construction, and11where practicable shall recommend the leveling of the spoil12banks. He shall thereupon lay out a drainage district, which13district may be described by its boundaries of streets or high-14ways or tracts or parcels of land, or by a description of all15tracts or all parcels of land, including therein all highways,16townships, counties, cities and villages which would be benefited17by the construction of the proposed drain, all of which he shall18deliver to the commissioner. The surveyor or engineer shall not19be limited to the route described in the application but may rec-20ommend a route and type of construction for the drains he consid-21ers most serviceable for draining the area involved.22 (1) THE BOARD OF DETERMINATION SHALL DO ALL OF THE FOLLOWING 23 AT THE HEARING UNDER SECTION 52: 24 (A) ELECT A CHAIRPERSON, UNLESS THE DRAIN COMMISSIONER OR 25 DEPUTY DRAIN COMMISSIONER CHOOSES TO SERVE AS A NONVOTING 26 CHAIRPERSON. 00488'99 * 43 1 (B) ELECT A SECRETARY. 2 (C) RECEIVE TESTIMONY AND EVIDENCE ON WHETHER THE DRAIN IS 3 NECESSARY AND CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR 4 WELFARE. 5 (D) RECEIVE TESTIMONY AND EVIDENCE AS TO THE EXTENT OF THE 6 LANDS PROPOSED TO BE SERVED BY THE DRAIN. 7 (E) DETERMINE WHETHER OR NOT THE PROPOSED DRAIN IS NECESSARY 8 AND CONDUCIVE TO PUBLIC HEALTH, CONVENIENCE, OR WELFARE. 9 (F) PRELIMINARILY DETERMINE WHETHER THE DRAIN WOULD SERVE 10 LANDS IN ONLY 1 COUNTY. 11 (G) DESIGNATE A PRELIMINARY NAME FOR THE DRAIN AND DRAINAGE 12 DISTRICT. 13 (2) IF THE BOARD OF DETERMINATION FINDS THAT THE DRAIN IS 14 NOT NECESSARY AND CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR 15 WELFARE, ALL OF THE FOLLOWING APPLY: 16 (A) THE BOARD OF DETERMINATION SHALL FILE AN ORDER DISMISS- 17 ING THE PETITION WITH THE DRAIN COMMISSIONER. 18 (B) COSTS SHALL BE PAID AS PROVIDED IN SECTION 51(7). 19 (C) A NEW PETITION FOR THE DRAIN SHALL NOT BE FILED WITHIN 1 20 YEAR AFTER THE DETERMINATION UNDER THIS SUBSECTION. 21 (3) IF THE BOARD OF DETERMINATION FINDS THAT THE DRAIN WOULD 22 SERVE LANDS IN MORE THAN 1 COUNTY, THE BOARD OF DETERMINATION 23 SHALL FILE AN ORDER TO THAT EFFECT AND REFER THE PETITION TO THE 24 DRAIN COMMISSIONER FOR PROCEEDINGS UNDER CHAPTER 5. 25 (4) IF THE BOARD OF DETERMINATION DETERMINES THAT ADDITIONAL 26 INFORMATION REGARDING EXISTING CONDITIONS, ALTERNATIVES, OR OTHER 27 MATTERS IS NEEDED TO DETERMINE WHETHER THE DRAIN IS NECESSARY AND 00488'99 * 44 1 CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR WELFARE, OR TO 2 DETERMINE THE BOUNDARIES OF THE DRAINAGE DISTRICT, THE BOARD OF 3 DETERMINATION MAY ADJOURN THE MEETING TO ALLOW SUCH ADDITIONAL 4 INFORMATION TO BE GATHERED BY THE DRAIN COMMISSIONER. 5 (5) UPON GATHERING THE ADDITIONAL INFORMATION, THE DRAIN 6 COMMISSIONER SHALL CALL THE BOARD OF DETERMINATION TO RECONVENE. 7 THE DRAIN COMMISSIONER SHALL GIVE NOTICE OF THE RECONVENING OF 8 THE BOARD OF DETERMINATION AS PROVIDED IN SECTION 8. AT THE 9 RECONVENED HEARING OF THE BOARD OF DETERMINATION, THE DRAIN COM- 10 MISSIONER SHALL PRESENT THE ADDITIONAL INFORMATION. 11 (6) THE BOARD OF DETERMINATION SHALL CONSIDER THE INFORMA- 12 TION AND TESTIMONY OFFERED AND BY MAJORITY VOTE OF THE MEMBERS 13 APPOINTED DETERMINE WHETHER THE DRAIN IS NECESSARY AND CONDUCIVE 14 TO THE PUBLIC HEALTH, CONVENIENCE, OR WELFARE. THE BOARD OF 15 DETERMINATION SHALL NOT DETERMINE THE SCOPE OF THE WORK TO BE 16 UNDERTAKEN. THE SCOPE OF THE WORK IS WITHIN THE SOLE AUTHORITY 17 OF THE DRAIN COMMISSIONER IN CONSULTATION WITH HIS OR HER ENGI- 18 NEERS OR OTHER QUALIFIED PROFESSIONALS AND IS TO BE DECIDED IN 19 SEPARATE PROCEEDINGS. 20 Sec. 54.The commissioner shall prepare and file in his21office his order designating a drainage district and give it a22name or number and describe therein the boundaries of the dis-23trict by streets or highways or parcels of land for each of the24several tracts or parcels of land included therein and the coun-25ties, townships, cities, villages and state trunk line highways26which would be benefited by the construction of the drains and27would be liable to assessment therefor, also a description of the00488'99 * 45 1drains as determined by him, showing the beginning, route,2terminus, type of the proposed construction and the estimated3cost of such proposed construction. The commissioner shall give4notice of filing the order designating a drainage district by5publishing a notice in a newspaper of general circulation in the6county, or a newspaper of general circulation in the area where7the drainage district boundaries are located, which notice shall8give a general description of the route of the proposed drain or9drains and of the drainage district as shown by the order.10At any time after the order designating a drainage district11and giving it a name or number has been filed in the office of12the drain commissioner, the order may be amended as to the name13or number of the drain at any time by presenting to the drain14commissioner of the county a petition signed by no less than 515land owners whose land is traversed by the drain, which petition16shall state the then present name or number of the drain and the17change or changes to be made in the name or number. Upon receipt18of such petition, and if in the drain commissioner's opinion it19is to the best interest of all concerned that the name or number20be changed, he shall make his order amending the name or number,21and thereafter the drainage district shall be known by such name22or number. The drain commissioner shall forthwith post such23signs upon the drain as he may deem advisable for public notice24of the new name or number.25 (1) IF THE BOARD OF DETERMINATION BY A MAJORITY VOTE FINDS 26 THE DRAIN IS NECESSARY AND CONDUCIVE TO THE PUBLIC HEALTH, 27 CONVENIENCE, OR WELFARE, THE BOARD OF DETERMINATION SHALL MAKE AN 00488'99 * 46 1 ORDER OF NECESSITY TO THAT EFFECT AND FILE THE ORDER OF NECESSITY 2 WITH THE COMMISSIONER. THE COSTS INCURRED BY THE DRAIN COMMIS- 3 SIONER AND BOARD OF DETERMINATION UNDER SECTIONS 52 AND 53 SHALL 4 BE INCLUDED IN THE COMPUTATION OF THE COSTS FOR THE DRAIN. ANY 5 SECURITY POSTED UNDER SECTION 51 SHALL BE RELEASED TO THE PERSONS 6 WHO POSTED THE SECURITY. 7 (2) IF THE BOARD OF DETERMINATION FINDS THAT THE DRAIN IS 8 NECESSARY AND CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR 9 WELFARE, IT SHALL ALSO FIND WHETHER ALL OR A PORTION OF THE COSTS 10 OF CONSTRUCTION OF THE PROPOSED DRAIN OR PROJECT IS NECESSARY FOR 11 THE PROTECTION OF THE PUBLIC HEALTH IN 1 OR MORE PUBLIC 12 CORPORATIONS. THE ORDER OF NECESSITY SHALL SET FORTH THAT FIND- 13 ING AND IDENTIFY ANY PUBLIC CORPORATIONS RECEIVING BENEFITS AT 14 LARGE FOR PUBLIC HEALTH. IF THE BOARD OF DETERMINATION FINDS 15 THAT THE WHOLE COST, EXCEPT THAT TO BE LEVIED AGAINST ROADWAYS 16 FOR HIGHWAYS BENEFITS, IS NECESSARY FOR THE PUBLIC HEALTH, THE 17 COST SHALL BE LEVIED AGAINST THE PUBLIC CORPORATIONS AT LARGE, 18 AND IT IS NOT NECESSARY, IN A SUBSEQUENT ORDER OR NOTICE TO 19 DESCRIBE OR REFER TO LAND INCLUDED IN OR COMPRISING THE DRAINAGE 20 DISTRICT. 21 (3) IF THE BOARD OF DETERMINATION DETERMINES THAT THE DRAIN 22 IS NECESSARY AND CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR 23 WELFARE, THE DRAIN COMMISSIONER MAY CONVENE A MEETING TO PROVIDE 24 INFORMATION OR ELICIT INFORMATION AND TESTIMONY WITH REGARDS TO 25 THE ROUTE AND TYPE OF CONSTRUCTION AND ESTIMATE OF COST OF THE 26 DRAIN TO ASSIST THE DRAIN COMMISSIONER IN DETERMINING THE SCOPE 00488'99 * 47 1 OF THE DRAIN PROJECT TO BE UNDERTAKEN BY THE COMMISSIONER. THE 2 MEETING IS FOR INFORMATIONAL PURPOSES ONLY. 3 (4) WITHIN 14 DAYS AFTER THE ORDER OF NECESSITY IS FILED 4 WITH THE DRAIN COMMISSIONER, THE DRAIN COMMISSIONER SHALL NOTIFY 5 EACH PUBLIC CORPORATION IDENTIFIED IN THE ORDER OF NECESSITY AS 6 RECEIVING BENEFITS AT LARGE FOR PUBLIC HEALTH THAT IT IS LIABLE 7 TO PAY A PERCENT OF THE COST OF CONSTRUCTION OF THE DRAIN BY 8 REASON OF BENEFITS FOR PUBLIC HEALTH. THE GOVERNING BODY OF THE 9 PUBLIC CORPORATION, WITHIN 21 DAYS AFTER MAILING OF THE NOTIFICA- 10 TION BY FIRST-CLASS MAIL FROM THE DRAIN COMMISSIONER, MAY APPEAL 11 THE ORDER OF NECESSITY AS TO THE FINDING THAT ALL OR A PORTION OF 12 THE COSTS IS NECESSARY FOR PUBLIC HEALTH TO THE PROBATE COURT 13 HAVING JURISDICTION IN THE COUNTY IN WHICH THE TERRITORY OF THE 14 PUBLIC CORPORATION IS LOCATED. 15 (5) AFTER THE BOARD OF DETERMINATION FILES AN ORDER DISMISS- 16 ING THE PETITION UNDER SECTION 53(2) OR FILES AN ORDER OF NECES- 17 SITY, A PUBLIC CORPORATION OR OTHER PERSON FEELING AGGRIEVED BY 18 THE ORDER MAY INSTITUTE AN ACTION IN THE CIRCUIT COURT FOR THE 19 COUNTY IN WHICH THE DRAINAGE DISTRICT IS LOCATED FOR A REVIEW OF 20 THE ORDER. THE ACTION SHALL BE FILED BY THE PUBLIC CORPORATION 21 OR OTHER PERSON AGGRIEVED WITHIN 14 DAYS AFTER THE FILING OF THE 22 ORDER. THE PURPOSE OF THE CIRCUIT COURT REVIEW IS TO DETERMINE 23 WHETHER THE ORDER WAS AUTHORIZED BY LAW AND SUPPORTED BY SUBSTAN- 24 TIAL, MATERIAL, AND COMPETENT EVIDENCE ON THE WHOLE RECORD. THE 25 REVIEW SHALL BE MADE ON THE RECORD PRESENTED TO THE BOARD OF 26 DETERMINATION AND NO ADDITIONAL TESTIMONY OR INFORMATION SHALL BE 27 OFFERED EXCEPT FOR PURPOSES OF CLAIM OF FRAUD OR ERROR OF LAW. 00488'99 * 48 1 SEC. 55. (1) THE DRAIN COMMISSIONER, AFTER RECEIPT OF THE 2 ORDER OF NECESSITY, SUBJECT TO SUBSECTION (2), SHALL EXECUTE A 3 FIRST ORDER OF DETERMINATION AND FILE THE FIRST ORDER OF DETERMI- 4 NATION IN HIS OR HER OFFICE. THE FIRST ORDER OF DETERMINATION 5 SHALL DO ALL OF THE FOLLOWING CONSISTENT WITH THE ORDER OF 6 NECESSITY: 7 (A) ESTABLISH THE DRAINAGE DISTRICT AND GIVE IT A NAME OR 8 NUMBER. 9 (B) DESCRIBE THE DRAINAGE DISTRICT BY ITS BOUNDARIES OR BY A 10 DESCRIPTION OF ALL THE LAND THAT WOULD BE BENEFITED BY THE CON- 11 STRUCTION OF THE DRAINS AND WOULD BE LIABLE TO ASSESSMENT THERE- 12 FOR INCLUDING THE COUNTIES, TOWNSHIPS, CITIES, AND VILLAGES; 13 ROADWAYS; AND PARCELS OF LAND IDENTIFIED BY LEGAL DESCRIPTION OR 14 TAX CODE PARCEL NUMBER. 15 (C) DESCRIBE THE BEGINNING, ROUTE, TERMINUS, TYPE OF THE 16 PROPOSED CONSTRUCTION, AND THE ESTIMATED COST OF SUCH PROPOSED 17 CONSTRUCTION. 18 (2) IF AN APPEAL IS NOT FILED, THE DRAIN COMMISSIONER SHALL 19 SATISFY THE REQUIREMENTS OF SUBSECTION (1) UPON THE EXPIRATION OF 20 THE APPEAL PERIODS UNDER SECTION 54(5) AND, IF APPLICABLE, 21 54(4). IF AN APPEAL IS FILED, THE DRAIN COMMISSIONER SHALL SAT- 22 ISFY THE REQUIREMENTS OF SUBSECTION (1) AFTER THE APPEAL PROCE- 23 DURES ARE TERMINATED. 24 SEC. 56. IF THE BOARD OF DETERMINATION DETERMINES THAT A 25 PROPOSED DRAIN IS NECESSARY AND CONDUCIVE TO PUBLIC HEALTH, CON- 26 VENIENCE, OR WELFARE, THE COMMISSIONER SHALL PROMPTLY SECURE THE 27 SERVICES OF AN ENGINEER AND ARRANGE FOR THE PREPARATION OF AN 00488'99 * 49 1 ENGINEERING ANALYSIS. THE COMMISSIONER SHALL SELECT THE ENGINEER 2 BASED ON THE ENGINEER'S QUALIFICATIONS. THE ENGINEERING ANALYSIS 3 SHALL DESCRIBE A DRAIN AND DRAINAGE DISTRICT TO ADDRESS THE REA- 4 SONS FOR A DRAIN AND DRAINAGE DISTRICT SET FORTH IN THE PETITION 5 AND IN THE EVIDENCE AND TESTIMONY RECEIVED AT THE HEARING OF THE 6 BOARD OF DETERMINATION. EXCEPT AS PROVIDED IN SUBDIVISION (E), 7 AN ENGINEER SHALL PREPARE THE ENGINEERING ANALYSIS. THE ENGI- 8 NEERING ANALYSIS SHALL INCLUDE ALL OF THE FOLLOWING: 9 (A) HYDROLOGIC AND HYDRAULIC REPORT THAT INCLUDES, BUT IS 10 NOT LIMITED TO, A DISCUSSION OF THE PRESENT DRAINAGE CHARACTERIS- 11 TICS AND THE IMPACTS OF THE PROPOSED PROJECT ON FLOODING CHARAC- 12 TERISTICS DOWNSTREAM OF THE DRAINAGE DISTRICT. 13 (B) RECOMMENDED ROUTE AND COURSE. 14 (C) AN EXISTING AND PROPOSED PROFILE OF THE RECOMMENDED 15 ROUTE AND COURSE. 16 (D) DESCRIPTION OF THE RECOMMENDED WORK INCLUDING CROSSINGS, 17 STRUCTURES, AND FACILITIES. 18 (E) A DESCRIPTION OF THE DRAINAGE DISTRICT BY ITS BOUNDARIES 19 OF STREETS OR HIGHWAYS OR TRACTS OR PARCELS OF LAND, OR BY A 20 DESCRIPTION OF ALL TRACTS OR ALL PARCELS OF LAND, INCLUDING ALL 21 HIGHWAYS, TOWNSHIPS, COUNTIES, CITIES, AND VILLAGES WHICH WOULD 22 BE BENEFITED BY THE CONSTRUCTION OF THE PROPOSED DRAIN. THE 23 DESCRIPTION OF THE DRAINAGE DISTRICT MAY BE PREPARED BY A 24 SURVEYOR. 25 (F) AN ESTIMATE OF THE COST OF CONSTRUCTION OF THE 26 ENGINEER'S RECOMMENDATION. 00488'99 * 50 1 (G) A DESCRIPTION OF ALTERNATIVES CONSIDERED. 2 (H) AN ANALYSIS OF THE EFFECTIVENESS OF THE PROPOSED PROJECT 3 TO ADDRESS THE CONDITIONS THAT IT IS INTENDED TO REMEDY, CREATE, 4 OR ENHANCE. 5 (I) AN EVALUATION OF THE IMPACTS OF THE PROJECT ON NATURAL 6 RESOURCES THAT IDENTIFIES APPROPRIATE PRACTICAL MEASURES TO MINI- 7 MIZE ADVERSE EFFECTS. IF SUCH AN EVALUATION IS PREPARED, IT NEED 8 NOT BE PART OF THE ENGINEERING ANALYSIS AND MAY INSTEAD BE PRE- 9 PARED BY THE COMMISSIONER OR ANOTHER QUALIFIED PROFESSIONAL. 10 (J) ANY OTHER INFORMATION REQUESTED BY THE COMMISSIONER. 11 SEC. 57. (1) AFTER THE DRAIN COMMISSIONER ENTERS THE FIRST 12 ORDER OF DETERMINATION, THE ENGINEER SHALL PREPARE FINAL PLANS, 13 SPECIFICATIONS, AND AN ESTIMATE OF COSTS OF THE PROPOSED DRAIN. 14 THE COMMISSIONER SHALL SECURE FROM THE ENGINEER OR A SURVEYOR A 15 DESCRIPTION OF THE LANDS OR RIGHTS-OF-WAY NEEDED FOR THE PROPOSED 16 DRAIN. THE COMMISSIONER SHALL SECURE FROM AN ENGINEER OR OTHER 17 QUALIFIED PROFESSIONAL AN EVALUATION OF THE EFFECTS OF THE PRO- 18 POSED DRAIN ON NATURAL RESOURCES THAT IDENTIFIES APPROPRIATE 19 PRACTICAL MEASURES TO MINIMIZE ADVERSE EFFECTS. IN APPROVING THE 20 ROUTE OF THE DRAIN AS FURNISHED BY THE ENGINEER, THE COMMISSIONER 21 IS NOT LIMITED TO THAT DESCRIBED IN THE PETITION OR IN THE FIRST 22 ORDER OF DETERMINATION, IF THE NEW ROUTE IS MORE EFFICIENT AND 23 SERVICEABLE. 24 (2) THE DRAIN COMMISSIONER SHALL OBTAIN ANY PERMITS REQUIRED 25 UNDER THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 26 1994 PA 451, MCL 324.101 TO 324.90106. ALL COSTS ASSOCIATED WITH 27 EVALUATING NATURAL RESOURCE IMPACTS AND IMPLEMENTING THE MEASURES 00488'99 * 51 1 TO MINIMIZE THOSE IMPACTS SHALL BE THE RESPONSIBILITY OF THE 2 DRAINAGE DISTRICT. 3 (3) MEASURES THAT ARE INTENDED TO ENHANCE OR IMPROVE NATURAL 4 RESOURCE VALUES BUT THAT WILL NOT PROVIDE BENEFIT TO THE DESIGNED 5 FUNCTION, LONGEVITY, OR HYDRAULIC CAPACITY OF THE DRAIN MAY BE 6 INCLUDED AS PART OF THE DRAINAGE PROJECT IN THE DISCRETION OF THE 7 DRAIN COMMISSIONER. THE FUNDING FOR SUCH MEASURES MAY INCLUDE 8 GIFTS, DONATIONS, GRANTS, CONTRACTS PURSUANT TO SECTION 431, SPE- 9 CIAL ASSESSMENTS OTHER THAN SPECIAL ASSESSMENTS UNDER THIS ACT, 10 OR ANY COMBINATION THEREOF, AS CONSIDERED APPROPRIATE BY THE 11 DRAIN COMMISSIONER. 12 (4) IF THE PROPOSED DRAIN IS LOCATED IN A WATERSHED MANAGE- 13 MENT DISTRICT FOR WHICH A WATERSHED MANAGEMENT PLAN HAS BEEN 14 ADOPTED UNDER SECTION 595, THE DRAIN COMMISSIONER SHALL UNDERTAKE 15 THE ESTABLISHMENT AND CONSTRUCTION OF THE DRAIN, INCLUDING, BUT 16 NOT LIMITED TO, MEASURES TO IMPROVE OR ENHANCE NATURAL RESOURCE 17 VALUES, CONSISTENT WITH THE WATERSHED MANAGEMENT PLAN. 18 (5) IF, AFTER THE RECEIPT OF THE PLANS, SPECIFICATION, ESTI- 19 MATE OF COST, AND DESCRIPTIONS OF THE LANDS OR RIGHTS-OF-WAY 20 NEEDED FOR THE PROPOSED DRAIN, THE COMMISSIONER DETERMINES THAT 21 THE PROJECT IS NOT PRACTICAL, THE COMMISSIONER SHALL NOTIFY THE 22 LANDOWNERS IN THE DISTRICT AND PUBLIC CORPORATIONS IN THE DIS- 23 TRICT BY FIRST-CLASS MAIL OF THE INTENT TO REJECT THE PETITION. 24 THE NOTICE SHALL SPECIFY THE REASONS FOR THE PROPOSED REJECTION. 25 THE NOTICE SHALL ALSO SPECIFY A TIME, DATE, AND PLACE FOR A 26 PUBLIC HEARING TO HEAR OBJECTIONS TO THE REJECTION OF THE 27 PETITION. AT THE PUBLIC HEARING, THE COMMISSIONER SHALL ELICIT 00488'99 * 52 1 TESTIMONY AND EVIDENCE WITH REGARDS TO THE PROPOSED REJECTION. 2 FOLLOWING THE RECEIPT OF TESTIMONY, THE DRAIN COMMISSIONER SHALL 3 DETERMINE WHETHER OR NOT THE PETITION SHOULD BE REJECTED. IF THE 4 REJECTION IS DETERMINED TO BE PRACTICAL, THE COMMISSIONER SHALL 5 ENTER AN ORDER OF REJECTION AND APPORTION ALL COSTS INCURRED TO 6 THE DISTRICT AS IF THE PROJECT HAD BEEN BUILT AND THE COSTS WILL 7 BE SUBSEQUENTLY ASSESSED AND PAID AS PROVIDED IN CHAPTER 7. A 8 DETERMINATION TO REJECT A PETITION DOES NOT LIMIT THE RIGHT TO 9 FILE ANOTHER PETITION. 10 SEC. 58. (1) UPON COMPLETION OF THE ENGINEERING ANALYSIS, 11 THE COMMISSIONER SHALL FILE A COPY OF THE ENGINEERING ANALYSIS IN 12 THE COMMISSIONER'S OFFICE AND SHALL CONVENE A PUBLIC HEARING TO 13 PRESENT THE ENGINEERING ANALYSIS AND THE PROJECT PROPOSED TO BE 14 UNDERTAKEN. THE COMMISSIONER SHALL GIVE NOTICE OF FILING OF THE 15 ENGINEERING ANALYSIS AND OF THE PUBLIC HEARING IN THE MANNER PRO- 16 VIDED IN SECTION 8. THE NOTICE SHALL GIVE ALL OF THE FOLLOWING 17 INFORMATION: 18 (A) A GENERAL DESCRIPTION OF THE DRAINAGE DISTRICT. 19 (B) THE NAME OR NUMBER OF THE DRAINAGE DISTRICT. 20 (C) A GENERAL MAP OF THE DRAINAGE DISTRICT AS DESCRIBED IN 21 THE ENGINEERING ANALYSIS OR A GENERAL DESCRIPTION OF THE BOUNDA- 22 RIES OF THAT DRAINAGE DISTRICT BY MUNICIPAL BOUNDARIES, ROADWAYS, 23 OR PARCELS OR TRACTS OF LAND. 24 (D) A GENERAL DESCRIPTION OF THE ROUTE AND TYPE OF CONSTRUC- 25 TION AND THE ESTIMATED COST OF THE ENGINEER'S RECOMMENDATION. 26 (2) A PERSON AGGRIEVED BY THE DETERMINATION OF THE PROJECT 27 SELECTED BY THE DRAIN COMMISSIONER MAY SEEK REVIEW IN THE CIRCUIT 00488'99 * 53 1 COURT WITHIN THE 14 DAYS OF THE PUBLIC HEARING. THE CIRCUIT 2 COURT SHALL REVIEW THE ENTIRE RECORD TO DETERMINE WHETHER THE 3 DRAIN COMMISSIONER ABUSED HIS OR HER DISCRETION IN MAKING A 4 DETERMINATION OF THE PROJECT SELECTED TO BE UNDERTAKEN, BASED ON 5 THE WHOLE RECORD. 6 SEC. 59. (1) UNLESS THE DRAIN COMMISSIONER DETERMINES TO 7 REJECT THE PETITION UNDER SECTION 57, THE DRAIN COMMISSIONER 8 SHALL PROCEED TO ACQUIRE PROPERTY FOR THE DRAIN UNDER SECTION 7. 9 (2) THE APPORTIONMENT AND REVIEW OF BENEFITS, THE LETTING OF 10 CONTRACTS, AND THE LEVY AND COLLECTION OF DRAIN SPECIAL ASSESS- 11 MENTS FOR THE DRAIN SHALL BE AS PROVIDED IN CHAPTERS 7, 9, AND 12 11. 13 CHAPTER 5.14 INTERCOUNTY DRAINAGE DISTRICTS.AND INTERCOUNTY DRAINS 15 Sec. 101. (1)Before any action is taken on any petition16to locate, establish and construct any drain, which proposed17drain will traverse lands in more than 1 county, or affect more18than 1 county, there shall first be filed with the commissioner19having jurisdiction of any such lands an application to lay out20and designate a drainage district with reference to a proposed21drain therein; such application shall tentatively describe the22location and route of such proposed drain. The application shall23be signed by a number of freeholders in said drainage district24whose lands would be liable to an assessment for benefits, equal25to 50% of any of the freeholders whose lands would be traversed26by the drain or drains applied for or abut on any highway or27street along the side of which such drain extends, between a00488'99 * 54 1point where such drain enters such highway and the point where it2leaves such highway and which lands are within the drainage3districtTO INITIATE THE ESTABLISHMENT OF A DRAINAGE DISTRICT 4 AND THE ESTABLISHMENT AND CONSTRUCTION OF A DRAIN THAT WILL 5 TRAVERSE LANDS IN MORE THAN 1 COUNTY OR AFFECT MORE THAN 1 6 COUNTY, A PETITION SHALL BE FILED WITH THE DRAIN COMMISSIONER OF 7 1 OF THE COUNTIES. SUBJECT TO SUBSECTION (2), THE PETITION SHALL 8 BE SIGNED BY 5 LANDOWNERS IN THE INTERCOUNTY DRAINAGE DISTRICT 9 WHOSE LANDS WOULD BE LIABLE TO ASSESSMENT FOR BENEFITS OR AT 10 LEAST 50% OF THE LANDOWNERS IF THERE ARE LESS THAN 5 LANDOWNERS 11 WHOSE LANDS WOULD BE LIABLE FOR ASSESSMENT OR MAY BE SIGNED BY 12 LANDOWNERS REPRESENTING 25% OF THE LAND AREA LIABLE TO 13 ASSESSMENT. The DRAIN COMMISSIONER SHALL DETERMINE THE eligibil- 14 ity of the signers tosuch application shall be determined by15their interest of record in the office of the register of deeds,16in the probate court or in the circuit court of the county in17which such lands are situated at the time such petition is filed18 THE PETITION BASED ON THEIR STATUS AS LANDOWNERS WHEN THE PETI- 19 TION WAS FILED. 20 (2) INSTEAD OF LANDOWNERS, A PUBLIC CORPORATION MAY PETITION 21 FOR THE ESTABLISHMENT OF A DRAINAGE DISTRICT AND THE ESTABLISH- 22 MENT AND CONSTRUCTION OF A DRAIN IF THE PROPOSED DRAIN IS NECES- 23 SARY FOR PUBLIC HEALTH IN THE PUBLIC CORPORATION AND IF THE 24 PUBLIC CORPORATION WILL BE LIABLE FOR AN ASSESSMENT AT LARGE FOR 25 A PERCENTAGE OF THE COST OF THE PROPOSED DRAIN. THE ENTRY OF AN 26 ORDER OF NECESSITY UNDER SECTION 104 SHALL BE CONSIDERED A 27 DETERMINATION OF THE SUFFICIENCY OF THE PETITION. 00488'99 * 55 1 (3) THE PETITION SHALL DESCRIBE THE NATURE AND EXTENT OF THE 2 WATER PROBLEM TO BE REMEDIED. THE PETITION SHALL REQUEST THE 3 ESTABLISHMENT OF A DRAINAGE DISTRICT AND THE ESTABLISHMENT AND 4 CONSTRUCTION OF A DRAIN AND SET FORTH THE REASONS FOR THE 5 REQUEST. THE PETITION MAY REQUEST THAT MEASURES BE UNDERTAKEN 6 WHICH ARE INTENDED BOTH TO ENHANCE OR IMPROVE THE NATURAL 7 RESOURCE VALUES OF THE PROPOSED DRAIN AND TO PROVIDE BENEFIT TO 8 THE DESIGNED FUNCTION, LONGEVITY, OR HYDRAULIC CAPACITY OF THE 9 PROPOSED DRAIN. THE PETITION MAY PROPOSE A LOCATION AND ROUTE 10 FOR THE DRAIN. 11 (4) THE PETITION SHALL BE ACCOMPANIED BY A DESCRIPTION OR 12 TAX PARCEL NUMBER OF THE LAND IN THE PROPOSED DISTRICT OWNED BY 13 EACH SIGNER AND BY A CERTIFICATE OF THE COUNTY TREASURER OF EACH 14 COUNTY WHERE SUCH LAND IS LOCATED AS TO PAYMENT OF TAXES AND SPE- 15 CIAL ASSESSMENTS AGAINST THE LAND IN THAT COUNTY. THE CERTIFI- 16 CATE SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM: 17 I HEREBY CERTIFY THAT THERE ARE NO TAXES OR SPECIAL ASSESS- 18 MENTS UNPAID AGAINST ANY OF THE LANDS DESCRIBED IN THE ANNEXED 19 LIST ACCORDING TO THE RECORDS OF THE COUNTY TREASURER'S OFFICE 20 FOR THE PRECEDING 3 YEARS, EXCEPT AS FOLLOWS: 21 22 DESCRIPTION YEAR TAX OR ASSESSMENT AMOUNT 23 ................. ............ ..................... ........ 24 (5) THE NAME OF ANY SIGNER AS TO WHOSE LAND THE CERTIFICATE 25 SHOWS TAXES OR ASSESSMENTS UNPAID FOR THE PRECEDING 3 YEARS SHALL 26 NOT BE COUNTED. IF IT APPEARS FROM THE CERTIFICATE THAT 33-1/3% 27 OR MORE OF THE LANDS IN THE PROPOSED DRAINAGE DISTRICT HAVE BEEN 00488'99 * 56 1 RETURNED AS TAX DELINQUENT AND STILL REMAIN DELINQUENT, THE 2 COMMISSIONER SHALL NOT TAKE FURTHER ACTION ON THE PETITION. 3 (6) IF THE PETITION SHOWS, OR IT IS DETERMINED THEREAFTER, 4 THAT THE PROPOSED DRAIN WILL AFFECT LANDS IN ONLY 1 COUNTY, THE 5 COMMISSIONER SHALL PROCEED UNDER CHAPTER 3. 6 Sec. 102. (1)Upon filing of such applicationNOT MORE 7 THAN 21 DAYS AFTER A PETITION IS FILED, the commissioner shall 8within 20 dayssend a copy ofsuch applicationTHE PETITION 9 byregisteredFIRST-CLASS mail to thestatedirector of agri- 10 culture andalsoto the drain commissioner of each county in 11 which lie lands liable for assessment for benefits for the con- 12 struction of such proposed drain. 13 (2) The drain commissioners of such counties and the direc- 14 tor of agricultureor any deputy designated by him shall be and15constitute the drainage boardSHALL CONSTITUTE THE DRAINAGE 16 BOARD. IF AT ANY TIME THE DRAINAGE BOARD DETERMINES THAT LANDS 17 SHOULD BE ADDED TO THE DRAINAGE DISTRICT AND IF THOSE LANDS ARE 18 LOCATED IN A COUNTY WHOSE DRAIN COMMISSIONER IS NOT A MEMBER OF 19 THE DRAINAGE BOARD, THE DRAINAGE BOARD SHALL NOTIFY THAT DRAIN 20 COMMISSIONER AND HE OR SHE SHALL BECOME A MEMBER OF THE DRAINAGE 21 BOARD. IF AT ANY TIME THE DRAINAGE BOARD DETERMINES THAT ALL THE 22 LANDS FROM A PARTICULAR COUNTY THAT ARE PART OF THE DRAINAGE DIS- 23 TRICT SHOULD BE DELETED FROM THE DRAINAGE DISTRICT, THE DRAIN 24 COMMISSIONER FROM THAT COUNTY SHALL NO LONGER BE A MEMBER OF THE 25 DRAINAGE BOARD. 00488'99 * 57 1 (3) THE DIRECTOR OF AGRICULTURE SHALL SERVE AS CHAIRPERSON 2 OF THE DRAINAGE BOARD AND SHALL ONLY VOTE IF THERE IS A TIE. THE 3 DRAINAGE BOARD SHALL ACT BY MAJORITY VOTE OF THE DRAINAGE BOARD. 4 (4) Thestatedirector of agriculture shall call a 5meetingHEARING ofsuchTHE drainage board, which meeting6shall be held not less than 15 and not more than 60 days from the7receipt of such notice. Such meeting shall be held in the imme-8diate locality of the proposed drainage district. Notices of9such meeting shall be posted in 5 public places within the pro-10posed drainage district within each county, and served on the11county clerk of each county and the supervisor of each township12within the proposed drainage district personally or by registered13mail at least 10 days before such public meeting. A notice of14such meeting shall be published in each county affected once a15week for 2 consecutive weeks before such meeting in a newspaper16of general circulation in such county, if there is one, the first17publication to be at least 10 days before the meetingAS SOON AS 18 PRACTICAL BUT NOT LATER THAN 63 DAYS AFTER THE FILING OF A 19 PETITION. 20 (5) THE HEARING OF THE DRAINAGE BOARD SHALL BE CALLED WITHIN 21 THE DRAINAGE DISTRICT AT A CONVENIENT PLACE TO BE DESIGNATED BY 22 THE DIRECTOR OF AGRICULTURE. THE DRAINAGE BOARD HEARING ALSO MAY 23 BE HELD OUTSIDE THE DRAINAGE DISTRICT AT A SUITABLE PUBLIC BUILD- 24 ING ANYWHERE WITHIN THE CITY, VILLAGE, OR TOWNSHIP IN WHICH THE 25 DRAIN IS LOCATED OR, IF THERE IS NO SUCH BUILDING, AT ANY SUIT- 26 ABLE PUBLIC BUILDING NEAR THE DRAINAGE DISTRICT. 00488'99 * 58 1 (6) NOTICE OF THE HEARING OF THE DRAINAGE BOARD SHALL BE 2 GIVEN IN THE MANNER PROVIDED IN SECTION 8. TO DETERMINE WHICH 3 LANDOWNERS MAY BE SUBJECT TO ASSESSMENT AND SHOULD BE GIVEN 4 NOTICE, THE DRAIN COMMISSIONER OF EACH AFFECTED COUNTY SHALL FOR- 5 WARD TO THE DIRECTOR OF AGRICULTURE A TENTATIVE DESCRIPTION OF 6 THE PROPOSED DRAINAGE DISTRICT WITHIN THAT COUNTY. THE DIRECTOR 7 OF AGRICULTURE SHALL PREPARE AND FILE IN HIS OR HER OFFICE AND 8 WITH THE DRAIN COMMISSIONER OF EACH AFFECTED COUNTY A COMPOSITE 9 DESCRIPTION OF THE LANDS IN THE DRAINAGE DISTRICT. 10 (7) THE DRAINAGE BOARD SHALL ARRANGE FOR A CERTIFIED COURT 11 REPORTER, STENOMASK REPORTER, OR COURT RECORDER TO ATTEND EACH 12 HEARING OF THE DRAINAGE BOARD AND TAKE A VERBATIM RECORD OF THE 13 PROCEEDINGS. IF PROCEEDINGS ARE INITIATED IN THE PROBATE COURT 14 OR CIRCUIT COURT UNDER SECTION 104(4) OR (5) OR SECTION 108, THE 15 DRAINAGE BOARD SHALL PROMPTLY REQUEST THE REPORTER OR RECORDER TO 16 FURNISH A TRANSCRIPT OF THE PROCEEDINGS TO THE COURT. UPON 17 REQUEST OF THE DRAINAGE BOARD, THE REPORTER OR RECORDER SHALL 18 PROMPTLY FURNISH THE TRANSCRIPT TO THE COURT. 19 (8) THE DRAINAGE BOARD SHALL MEET AT THE TIME AND PLACE 20 SPECIFIED IN THE NOTICE. 21 Sec. 103.Upon convening said meeting the state director22of agriculture or any deputy selected by him shall act as23chairman. The said drainage board shall consider such applica-24tion, and determine the sufficiency of the signatures thereto,25and shall go over the route of said proposed drain and take tes-26timony to determine its practicability. All persons owning lands27liable to assessment for benefits or whose lands shall be crossed00488'99 * 59 1by said drain or any municipality affected may appear for or2against said drain proceedings. If at said meeting or at any3subsequent time before the entry of the order designating a4drainage district, they shall determine that the drainage of the5proposed drain area is not practical, no further action shall be6taken thereon within 1 year. If said proposed drain is deter-7mined to be practical, then the drainage board shall cause a8survey thereof to be made by a competent surveyor or engineer to9ascertain the area which would be drained by the proposed drain,10and the route and type of construction of drain or drains most11serviceable for that purpose.12 (1) THE DRAINAGE BOARD SHALL DO ALL OF THE FOLLOWING AT THE 13 HEARING: 14 (A) ELECT A SECRETARY. 15 (B) RECEIVE TESTIMONY AND EVIDENCE ON THE REASONS TO ESTAB- 16 LISH A DRAINAGE DISTRICT AND A DRAIN. 17 (C) RECEIVE TESTIMONY AND EVIDENCE AS TO THE EXTENT OF THE 18 LANDS PROPOSED TO BE SERVED BY THE DRAIN. 19 (D) DETERMINE WHETHER OR NOT THE PROPOSED DRAIN IS NECESSARY 20 AND CONDUCIVE TO PUBLIC HEALTH, CONVENIENCE, OR WELFARE. 21 (E) PRELIMINARILY DETERMINE WHETHER THE DRAIN WOULD SERVE 22 LAND IN MORE THAN 1 COUNTY. 23 (F) PRELIMINARILY DETERMINE THE PERCENTAGES OF THE COST OF 24 ESTABLISHING THE DISTRICT AND CONSTRUCTING THE DRAIN THAT EACH 25 COUNTY WILL BEAR. THE COUNTIES AFFECTED SHALL PAY THE COSTS 26 DESCRIBED IN SECTION 302 AS PROVIDED IN THAT SECTION. 00488'99 * 60 1 (G) DESIGNATE A PRELIMINARY NAME FOR THE DRAIN AND DRAINAGE 2 DISTRICT. 3 (2) IF THE DRAINAGE BOARD FINDS THAT THE DRAIN IS NOT NECES- 4 SARY AND CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR WELFARE, 5 BOTH OF THE FOLLOWING APPLY: 6 (A) THE DRAINAGE BOARD SHALL FILE AN ORDER DISMISSING THE 7 PETITION WITH THE DIRECTOR OF AGRICULTURE AND EACH COMMISSIONER 8 ON THE DRAINAGE BOARD. 9 (B) A NEW PETITION FOR THE DRAIN SHALL NOT BE FILED WITHIN 1 10 YEAR AFTER THE DETERMINATION UNDER THIS SUBSECTION. 11 (3) IF THE DRAINAGE BOARD FINDS THAT THE DRAIN WOULD SERVE 12 LANDS IN ONLY 1 COUNTY, THE DRAINAGE BOARD SHALL FILE AN ORDER TO 13 THAT EFFECT AND REFER THE PETITION TO THE DRAIN COMMISSIONER FOR 14 THAT COUNTY FOR PROCEEDINGS UNDER CHAPTER 3. 15 (4) IF THE DRAINAGE BOARD DETERMINES THAT ADDITIONAL INFOR- 16 MATION REGARDING EXISTING CONDITIONS, ALTERNATIVES, OR OTHER MAT- 17 TERS IS NEEDED TO DETERMINE WHETHER THE DRAIN IS NECESSARY AND 18 CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR WELFARE, OR TO 19 DETERMINE THE BOUNDARIES OF THE DRAINAGE DISTRICT, THE DRAINAGE 20 BOARD MAY ADJOURN THE MEETING TO ALLOW SUCH ADDITIONAL INFORMA- 21 TION TO BE GATHERED AND SUBMITTED TO THE DIRECTOR OF 22 AGRICULTURE. 23 (5) UPON GATHERING OF THE ADDITIONAL INFORMATION AND ITS 24 SUBMITTAL TO THE DIRECTOR OF AGRICULTURE, THE DIRECTOR OF AGRI- 25 CULTURE SHALL CALL THE DRAINAGE BOARD TO RECONVENE. THE DIRECTOR 26 OF AGRICULTURE SHALL GIVE NOTICE OF THE RECONVENING OF THE 27 DRAINAGE BOARD AS PROVIDED IN SECTION 8. AT THE RECONVENED 00488'99 * 61 1 HEARING OF THE DRAINAGE BOARD, THE DIRECTOR OF AGRICULTURE SHALL 2 PRESENT THE ADDITIONAL INFORMATION. 3 (6) THE DRAINAGE BOARD SHALL CONSIDER THE INFORMATION AND 4 TESTIMONY OFFERED AND BY MAJORITY VOTE OF THE MEMBERS DETERMINE 5 WHETHER THE DRAIN IS NECESSARY AND CONDUCIVE TO THE PUBLIC 6 HEALTH, CONVENIENCE, OR WELFARE. THE DRAINAGE BOARD SHALL NOT AT 7 THIS STAGE DETERMINE THE SCOPE OF THE WORK TO BE UNDERTAKEN. THE 8 SCOPE OF THE WORK SHALL BE DETERMINED BY THE DRAINAGE BOARD IN 9 CONSULTATION WITH ITS ENGINEERS OR OTHER QUALIFIED PROFESSIONALS 10 UNDER SECTIONS 106 TO 108. 11 Sec. 104.The surveyor or engineer authorized to make the12survey shall ascertain the size and depth of the drains, and13shall preserve all minutes with reference thereto. He shall pre-14pare plans, drawings and profiles thereof, together with a compu-15tation of the yards of earth to be excavated, and where practica-16ble the leveling of the spoil banks or the amount of tile or pipe17to be used and the necessary bridges and culverts or fords to be18built in constructing the proposed drains, and his estimate of19the cost of such construction. He shall thereupon lay out a pro-20posed drainage district, which district may be described by its21boundaries of streets and highways or tracts or parcels of land22or by a description of all tracts or parcels of land, including23therein all highways, townships, counties, cities and villages24which would be benefited by the construction of the proposed25drain, all of which he shall deliver to the drainage board. The26surveyor or engineer shall not be limited to the route described27in the application, but may recommend a route and type of00488'99 * 62 1construction for the drains he considers most serviceable for2draining the area involved.3 (1) IF THE DRAINAGE BOARD BY A MAJORITY VOTE FINDS THE DRAIN 4 IS NECESSARY AND CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR 5 WELFARE, THE DRAINAGE BOARD SHALL MAKE AN ORDER OF NECESSITY TO 6 THAT EFFECT AND FILE THE ORDER OF NECESSITY WITH THE DIRECTOR OF 7 AGRICULTURE AND EACH COMMISSIONER SERVING ON THE DRAINAGE BOARD. 8 (2) IF THE DRAINAGE BOARD FINDS THAT THE DRAIN IS NECESSARY 9 AND CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR WELFARE, IT 10 SHALL ALSO FIND WHETHER ALL OR A PORTION OF THE COSTS OF CON- 11 STRUCTION OF THE PROPOSED DRAIN IS NECESSARY FOR THE PROTECTION 12 OF THE PUBLIC HEALTH IN 1 OR MORE PUBLIC CORPORATIONS. THE ORDER 13 OF NECESSITY SHALL SET FORTH THAT FINDING AND IDENTIFY ANY PUBLIC 14 CORPORATIONS RECEIVING BENEFITS AT LARGE FOR PUBLIC HEALTH. IF 15 THE DRAINAGE BOARD FINDS THAT THE WHOLE COST, EXCEPT THAT TO BE 16 LEVIED AGAINST ROADWAYS FOR HIGHWAYS BENEFITS, IS NECESSARY FOR 17 THE PUBLIC HEALTH, THE COST SHALL BE LEVIED AGAINST THE PUBLIC 18 CORPORATIONS AT LARGE, AND IT IS NOT NECESSARY, IN A SUBSEQUENT 19 ORDER OR NOTICE TO DESCRIBE OR REFER TO LAND INCLUDED IN OR COM- 20 PRISING THE DRAINAGE DISTRICT. 21 (3) IF THE DRAINAGE BOARD DETERMINES THAT THE DRAIN IS NEC- 22 ESSARY AND CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR WEL- 23 FARE, THE CHAIRPERSON OF THE DRAINAGE BOARD MAY CONVENE A MEETING 24 TO PROVIDE INFORMATION OR ELICIT INFORMATION AND TESTIMONY WITH 25 REGARDS TO THE ROUTE AND TYPE OF CONSTRUCTION AND ESTIMATE OF 26 COST OF THE DRAIN TO ASSIST THE DRAINAGE BOARD IN DETERMINING THE 00488'99 * 63 1 SCOPE OF THE DRAIN PROJECT TO BE UNDERTAKEN BY THE DRAINAGE 2 BOARD. THE MEETING IS FOR INFORMATIONAL PURPOSES ONLY. 3 (4) WITHIN 10 DAYS AFTER THE ORDER OF NECESSITY IS FILED 4 WITH THE DIRECTOR OF AGRICULTURE, THE CHAIRPERSON OF THE DRAINAGE 5 BOARD SHALL NOTIFY EACH PUBLIC CORPORATION IDENTIFIED IN THE 6 ORDER OF NECESSITY AS RECEIVING BENEFITS AT LARGE FOR PUBLIC 7 HEALTH THAT IT IS LIABLE TO PAY A PERCENT OF THE COST OF CON- 8 STRUCTION OF THE DRAIN BY REASON OF BENEFITS FOR PUBLIC HEALTH. 9 THE GOVERNING BODY OF THE PUBLIC CORPORATION, WITHIN 20 DAYS 10 AFTER MAILING OF THE NOTIFICATION BY FIRST-CLASS MAIL FROM THE 11 CHAIRPERSON OF THE DRAINAGE BOARD, MAY APPEAL THE ORDER OF NECES- 12 SITY AS TO THE FINDING THAT ALL OR A PORTION OF THE COSTS IS NEC- 13 ESSARY FOR PUBLIC HEALTH TO THE PROBATE COURT HAVING JURISDICTION 14 IN THE COUNTY IN WHICH THE TERRITORY OF THE PUBLIC CORPORATION IS 15 LOCATED. 16 (5) AFTER THE DRAINAGE BOARD FILES AN ORDER DISMISSING THE 17 PETITION UNDER SECTION 103(2) OR FILES AN ORDER OF NECESSITY, A 18 PUBLIC CORPORATION OR OTHER PERSON FEELING AGGRIEVED BY THE ORDER 19 MAY INSTITUTE AN ACTION IN THE CIRCUIT COURT OF A COUNTY IN WHICH 20 THE DRAINAGE DISTRICT IS LOCATED FOR A REVIEW OF THE ORDER. THE 21 ACTION SHALL BE FILED BY THE PUBLIC CORPORATION OR OTHER PERSON 22 AGGRIEVED WITHIN 14 DAYS AFTER THE FILING OF THE ORDER. THE PUR- 23 POSE OF THE CIRCUIT COURT REVIEW IS TO DETERMINE WHETHER THE 24 ORDER WAS AUTHORIZED BY LAW AND SUPPORTED BY SUBSTANTIAL, MATERI- 25 AL, AND COMPETENT EVIDENCE ON THE WHOLE RECORD. THE REVIEW SHALL 26 BE MADE ON THE RECORD PRESENTED TO THE DRAINAGE BOARD AND NO 00488'99 * 64 1 ADDITIONAL TESTIMONY OR INFORMATION SHALL BE OFFERED EXCEPT FOR 2 PURPOSES OF CLAIM OF FRAUD OR ERROR OF LAW. 3 (6) IF THE DRAINAGE BOARD DETERMINES THAT THE DRAIN IS NEC- 4 ESSARY, THE DRAINAGE BOARD SHALL REVIEW THE PERCENTAGES OF THE 5 WHOLE COST OF CONSTRUCTION WHICH EACH COUNTY SHALL BEAR, AS PRE- 6 LIMINARILY DETERMINED UNDER SECTION 103, AND DETERMINE THE NUMBER 7 OF INSTALLMENTS IN WHICH THE DRAIN SPECIAL ASSESSMENTS SHALL BE 8 COLLECTED. 9 (7) IF A DRAIN COMMISSIONER CONSIDERS THE APPORTIONMENT 10 BETWEEN THE COUNTIES TO BE UNFAIR, THE COMMISSIONER MAY HAVE THE 11 APPORTIONMENT REVIEWED BY AN ARBITRATION BOARD COMPOSED OF DISIN- 12 TERESTED DRAIN COMMISSIONERS. WITHIN 21 DAYS AFTER THE FILING OF 13 THE ORDER OF NECESSITY UNDER SUBSECTION (1), THE COMMISSIONER 14 SHALL FILE WITH THE DIRECTOR OF AGRICULTURE A SIGNED CLAIM FOR 15 REVIEW BY ARBITRATION IN WHICH THE COMMISSIONER SHALL STATE 16 BRIEFLY IN WHAT RESPECT HE OR SHE CONSIDERS THE APPORTIONMENT 17 UNFAIR AND REQUEST A REVIEW BY ARBITRATION. THE COMMISSIONER 18 SHALL SELECT A DISINTERESTED DRAIN COMMISSIONER TO BE A MEMBER OF 19 THE ARBITRATION BOARD. NOT MORE THAN 14 DAYS AFTER RECEIPT OF 20 THE CLAIM FOR REVIEW BY ARBITRATION, THE DIRECTOR OF AGRICULTURE 21 SHALL FORWARD TO THE DRAIN COMMISSIONER OF EACH COUNTY TO WHICH A 22 PERCENTAGE OF BENEFITS HAS BEEN APPORTIONED, EXCEPT THE CLAIMANT, 23 A COPY OF THE CLAIM FOR REVIEW BY ARBITRATION. EACH SUCH COMMIS- 24 SIONER SHALL SELECT 1 DISINTERESTED DRAIN COMMISSIONER TO BE A 25 MEMBER OF THE ARBITRATION BOARD AND, WITHIN 14 DAYS, SHALL NOTIFY 26 THE DEPARTMENT OF AGRICULTURE OF HIS OR HER SELECTION. THE 27 DIRECTOR OF AGRICULTURE, AT THE EARLIEST DATE CONSISTENT WITH THE 00488'99 * 65 1 OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275, BUT NOT 2 LATER THAN 28 DAYS AFTER THE NOTICE, SHALL NOTIFY THE SELECTED 3 DRAIN COMMISSIONERS OF A DATE AND TIME THEY SHALL MEET IN THE 4 OFFICE OF THE DIRECTOR OF AGRICULTURE IN LANSING. AT THE MEET- 5 ING, THEY SHALL COMPLETE THE ARBITRATION BOARD BY SELECTING 1 OR 6 2 MORE DISINTERESTED DRAIN COMMISSIONERS, AS APPROPRIATE SO THE 7 ARBITRATION BOARD HAS AN ODD NUMBER OF MEMBERS. 8 (8) UPON SELECTION OF THE FINAL MEMBERS OF THE ARBITRATION 9 BOARD, THOSE MEMBERS PRESENT SHALL SET A DATE, TIME, AND PLACE IN 10 AN AFFECTED COUNTY FOR A FIRST FULL MEETING OF THE ARBITRATION 11 BOARD. NOTICE OF THE MEETING SHALL BE SERVED PERSONALLY OR BY 12 FIRST-CLASS MAIL AT LEAST 10 DAYS BEFORE THE MEETING ON THE 13 COUNTY CLERK OF EACH AFFECTED COUNTY AND THE CLERK OF EACH TOWN- 14 SHIP IN EACH AFFECTED COUNTY. THE ARBITRATION BOARD SHALL PUB- 15 LISH A NOTICE OF THE MEETING ONCE A WEEK FOR 2 CONSECUTIVE WEEKS 16 BEFORE THE MEETING IN A NEWSPAPER PUBLISHED AND OF GENERAL CIRCU- 17 LATION IN THE COUNTIES AFFECTED. THE FIRST PUBLICATION SHALL BE 18 AT LEAST 10 DAYS BEFORE THE MEETING. THE DIRECTOR OF AGRICULTURE 19 SHALL NOTIFY THE 1 OR 2 DRAIN COMMISSIONERS SELECTED OF THEIR 20 APPOINTMENT AND OF THE DATE, TIME, AND PLACE OF THE NEXT MEETING 21 OF THE ARBITRATION BOARD. 22 (9) THE ARBITRATION BOARD SHALL CONVENE AT THE TIME, DATE, 23 AND PLACE SPECIFIED, TAKE TESTIMONY FROM THE AFFECTED PARTIES, 24 ELECT A CHAIRPERSON AND SECRETARY, AND REVIEW THE FAIRNESS OF THE 25 APPORTIONMENT BETWEEN THE COUNTIES. THE ARBITRATION BOARD MAY 26 ADJOURN UNTIL THE REVIEW IS COMPLETED. THE FINDINGS SHALL BE 27 MADE AND SIGNED BY ALL THE MEMBERS ATTESTING THE DETERMINATION OF 00488'99 * 66 1 THE MAJORITY OF THE ARBITRATION BOARD, AND THE DETERMINATION BY 2 THE MAJORITY OF THE ARBITRATION BOARD IS FINAL AND CONCLUSIVE AS 3 TO THE FAIRNESS OF THE APPORTIONMENT. COMMISSIONERS SO APPOINTED 4 SHALL BE COMPENSATED IN THE SAME AMOUNT AND MANNER AS MEMBERS OF 5 THE COUNTY BOARD OF COMMISSIONERS IN THEIR RESPECTIVE COUNTIES. 6 OTHER COSTS OF THE ARBITRATION BOARD SHALL BE BORNE BY THE 7 DISTRICT. 8 Sec. 105.The chairman of the drainage board shall there-9upon prepare an order designating a drainage district, giving it10a name or number and describe therein the drainage district by11its boundaries of streets and highways or tracts or parcels of12land or by a description of all tracts or parcels of land13included therein and the counties, townships, cities, villages14and state trunk line highways including therein all highways,15townships, counties, cities and villages, which would be bene-16fited by the construction of such drain and would be liable to an17assessment therefor; also a description of the drain according to18the plans and specifications prepared by the surveyor or engineer19and determined by the drainage board, showing the beginning,20route, terminus, type of construction and the estimated cost of21the construction. Notice of filing of the order shall be given22by the state director of agriculture by publishing a notice in a23newspaper in each county affected, once in each week for 2 suc-24cessive weeks, which notice shall give a general description of25the route of the drain and of the drainage district as shown by26the order. A copy of the order shall within 10 days be filed by27the state director of agriculture in the office of the county00488'99 * 67 1drain commissioner of each county in which lie lands included in2the district.3At any time after the order designating an intercounty4drainage district, giving it a name or number, has been filed in5the offices of the county drain commissioners of the counties6within the district, the order may be amended as to the name or7number of the drain by a written request of a drain commissioner8of 1 of the counties traversed by the drain, which request shall9state the then present name or number of the drain and the change10to be made in the name or number. Upon filing of the request,11the drain commissioner shall mail a copy of the request, to the12state director of agriculture and also to the drain commissioner13of each county in which lie lands liable for assessments for the14drain. The state director of agriculture shall call a meeting of15the drainage board and if, in the opinion of the drainage board,16it is found advisable to change the name or number of the drain,17they shall file an order designating such change. The drainage18board shall also designate the number of signs to be posted upon19the drain as they may deem advisable for public notice of the new20name or number. Copies of the order changing the name or number21of the drain shall be filed with the drain commissioner and the22county treasurer of each county liable for assessments of such23drain. If the commissioners of the counties affected cannot24agree as to the apportionment of costs for laying out a drainage25district, the director of agriculture or any deputy appointed by26him shall apportion the costs and the counties affected shall pay27the same as provided in section 302 of this act.00488'99 * 68 1 (1) THE CHAIRPERSON OF THE DRAINAGE BOARD, AFTER RECEIPT OF 2 THE ORDER OF NECESSITY, SUBJECT TO SUBSECTION (2), SHALL EXECUTE 3 A FIRST ORDER OF DETERMINATION AND FILE THE FIRST ORDER OF DETER- 4 MINATION IN HIS OR HER OFFICE AND IN THE OFFICE OF THE COUNTY 5 DRAIN COMMISSIONER OF EACH COUNTY INTO WHICH THE DRAINAGE DIS- 6 TRICT EXTENDS. THE FIRST ORDER OF DETERMINATION SHALL DO ALL OF 7 THE FOLLOWING CONSISTENT WITH THE ORDER OF NECESSITY: 8 (A) ESTABLISH THE DRAINAGE DISTRICT AND GIVE IT A NAME OR 9 NUMBER. 10 (B) DESCRIBE THE DRAINAGE DISTRICT BY ITS BOUNDARIES OR BY A 11 DESCRIPTION OF ALL THE LAND THAT WOULD BE BENEFITED BY THE CON- 12 STRUCTION OF THE DRAINS AND WOULD BE LIABLE TO ASSESSMENT THERE- 13 FOR INCLUDING THE COUNTIES, TOWNSHIPS, CITIES, AND VILLAGES; 14 ROADWAYS; AND PARCELS OF LAND IDENTIFIED BY LEGAL DESCRIPTION OR 15 TAX CODE PARCEL NUMBER. 16 (C) DESCRIBE THE BEGINNING, ROUTE, TERMINUS, TYPE OF THE 17 PROPOSED CONSTRUCTION, AND THE ESTIMATED COST OF SUCH PROPOSED 18 CONSTRUCTION. 19 (D) SPECIFY THE PERCENTAGES OF THE COST OF LAYING OUT THE 20 DISTRICT AND COST OF CONSTRUCTION THAT EACH COUNTY WILL BEAR. 21 (2) IF AN APPEAL IS NOT FILED, THE CHAIRPERSON OF THE DRAIN- 22 AGE BOARD SHALL SATISFY THE REQUIREMENTS OF SUBSECTION (1) UPON 23 THE EXPIRATION OF THE APPEAL PERIODS UNDER SECTION 104(5) AND, IF 24 APPLICABLE, 104(4). IF AN APPEAL IS FILED, THE CHAIRPERSON OF 25 THE DRAINAGE BOARD SHALL SATISFY THE REQUIREMENTS OF SUBSECTION 26 (1) AFTER THE APPEAL PROCEDURES ARE TERMINATED. 00488'99 * 69 1 Sec. 106.If the drain commissioner of a county involved2considers the apportionment between the counties to be unfair,3the commissioner shall have the right to have the apportionment4reviewed by an arbitration board to be composed of drain commis-5sioners from unaffected counties in this state. Within 20 days6after the order of apportionment provided in section 105, the7commissioner shall file with the department of agriculture a8claim for review by arbitration in which the commissioner shall9state briefly in what respect he or she considers the apportion-10ment unfair and request, over the commissioner's official signa-11ture, a review by arbitration. The commissioner shall nominate a12disinterested drain commissioner as his or her choice for the13arbitration board. Upon receipt of the claim for review by arbi-14tration, the director of the department of agriculture or the15director's deputy shall forward to each county drain commissioner16involved, except the claimant, within 10 days, a copy of the17claim for review by arbitration. The commissioners, within 1018days, shall notify the department of agriculture of their selec-19tion to the arbitration board. The director of the department of20agriculture, at the earliest date, consistent with Act No. 26721of the Public Acts of 1976, but not later than 30 days after the22notice, shall notify the chosen drain commissioners of a date and23time they shall meet in the commissioner's office in Lansing. At24the meeting they shall select 1 or 2 more unaffected drain com-25missioners in the state to complete the board of review. Only 126shall be selected if the board members selected by the drain27commissioners affected constitute an even number and 2 shall be00488'99 * 70 1selected if the board members selected by the drain commissioners2affected constitute an odd number. Upon selection of the final3members of the board of review, those members present shall set a4date, time, and place in an affected county for a first full5meeting of the board of review. Notice of the meeting shall be6posted in 5 public places in each county affected and be served7personally or by registered mail at least 10 days before the8meeting on the county clerk of the county and the supervisor of a9township in each county traversed by the drain. A notice of the10meeting shall be published once a week for 2 consecutive weeks11before the meeting in a newspaper published and of general circu-12lation in the counties affected. The first publication is to be13at least 10 days before the meeting. The director of the depart-14ment of agriculture shall notify the 1 or 2 drain commissioners15selected of their appointment and of the date, time, and place of16the next meeting of the full board. The board of arbitration17shall convene at the time, date, and place specified, elect a18chairperson and secretary, and review the fairness of the appor-19tionment between the counties. The board may adjourn until their20review is completed. The findings shall be made and signed by21all the members attesting the determination of the majority of22the board and the determination by the majority of the board23shall be final and conclusive as to the fairness of the24apportionment.IF THE DRAINAGE BOARD DETERMINES THAT A PROPOSED 25 DRAIN IS NECESSARY AND CONDUCIVE TO PUBLIC HEALTH, CONVENIENCE, 26 OR WELFARE, THE DRAINAGE BOARD SHALL PROMPTLY SECURE THE SERVICES 27 OF AN ENGINEER AND ARRANGE FOR THE PREPARATION OF AN ENGINEERING 00488'99 * 71 1 ANALYSIS. THE DRAINAGE BOARD SHALL SELECT THE ENGINEER BASED ON 2 THE ENGINEER'S QUALIFICATIONS. THE ENGINEERING ANALYSIS SHALL 3 DESCRIBE A DRAIN AND DRAINAGE DISTRICT TO ADDRESS THE REASONS FOR 4 THE DRAIN AND DRAINAGE DISTRICT SET FORTH IN THE PETITION AND IN 5 THE EVIDENCE AND TESTIMONY RECEIVED AT THE HEARING OF THE DRAIN- 6 AGE BOARD. EXCEPT AS PROVIDED IN SUBDIVISION (E), AN ENGINEER 7 SHALL PREPARE THE ENGINEERING ANALYSIS. THE ENGINEERING ANALYSIS 8 SHALL INCLUDE ALL OF THE FOLLOWING: 9 (A) HYDROLOGIC AND HYDRAULIC REPORT. 10 (B) RECOMMENDED ROUTE AND COURSE. 11 (C) AN EXISTING AND PROPOSED PROFILE OF THE RECOMMENDED 12 ROUTE AND COURSE. 13 (D) DESCRIPTION OF THE RECOMMENDED WORK INCLUDING CROSSINGS, 14 STRUCTURES, AND FACILITIES. 15 (E) A DESCRIPTION OF THE DRAINAGE DISTRICT BY ITS BOUNDARIES 16 OF STREETS OR HIGHWAYS OR TRACTS OR PARCELS OF LAND, OR BY A 17 DESCRIPTION OF ALL TRACTS OR ALL PARCELS OF LAND, INCLUDING 18 THEREIN ALL HIGHWAYS, TOWNSHIPS, COUNTIES, CITIES, AND VILLAGES 19 WHICH WOULD BE BENEFITED BY THE CONSTRUCTION OF THE PROPOSED 20 DRAIN. THE DESCRIPTION OF THE DRAINAGE DISTRICT MAY BE PREPARED 21 BY A SURVEYOR. 22 (F) AN ESTIMATE OF THE COST OF CONSTRUCTION OF THE 23 ENGINEER'S RECOMMENDATION. 24 (G) A DESCRIPTION OF ALTERNATIVES CONSIDERED. 25 (H) AN ANALYSIS OF THE EFFECTIVENESS OF THE PROPOSED PROJECT 26 TO ADDRESS THE CONDITIONS THAT IT IS INTENDED TO REMEDY, CREATE, 27 OR ENHANCE. 00488'99 * 72 1 (I) AN EVALUATION OF THE IMPACTS OF THE PROJECT ON NATURAL 2 RESOURCES THAT IDENTIFIES APPROPRIATE PRACTICAL MEASURES TO MINI- 3 MIZE ADVERSE EFFECTS. IF SUCH AN EVALUATION IS PREPARED, IT NEED 4 NOT BE PART OF THE PRELIMINARY ENGINEERING ANALYSIS AND MAY 5 INSTEAD BE PREPARED BY A COMMISSIONER OR ANOTHER QUALIFIED 6 PROFESSIONAL. 7 (J) ANY OTHER INFORMATION REQUESTED BY THE DRAINAGE BOARD. 8 SEC. 107. (1) AFTER THE DRAINAGE BOARD ENTERS THE FIRST 9 ORDER OF DETERMINATION, THE ENGINEER SHALL PREPARE FINAL PLANS, 10 SPECIFICATIONS, AND AN ESTIMATE OF COSTS OF THE PROPOSED DRAIN. 11 THE DRAINAGE BOARD SHALL SECURE FROM THE ENGINEER OR A SURVEYOR A 12 DESCRIPTION OF THE LANDS OR RIGHTS-OF-WAY NEEDED FOR THE PROPOSED 13 DRAIN. THE DRAINAGE BOARD SHALL SECURE FROM AN ENGINEER OR OTHER 14 QUALIFIED PROFESSIONAL AN EVALUATION OF THE EFFECTS OF THE PRO- 15 POSED DRAIN ON NATURAL RESOURCES THAT IDENTIFIES APPROPRIATE 16 PRACTICAL MEASURES TO MINIMIZE ADVERSE EFFECTS. IN APPROVING THE 17 ROUTE OF THE DRAIN AS FURNISHED BY THE ENGINEER, THE DRAINAGE 18 BOARD IS NOT LIMITED TO THAT DESCRIBED IN THE PETITION OR IN THE 19 FIRST ORDER OF DETERMINATION, IF THE NEW ROUTE IS MORE EFFICIENT 20 AND SERVICEABLE. THE DRAINAGE BOARD SHALL GIVE NOTICE DESCRIBING 21 THE NEW ROUTE FOR THE DRAIN IN THE MANNER PROVIDED IN SECTION 8. 22 (2) THE DRAINAGE BOARD SHALL OBTAIN ANY PERMITS REQUIRED 23 UNDER THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 24 1994 PA 451, MCL 324.101 TO 324.90106. ALL COSTS ASSOCIATED WITH 25 EVALUATING NATURAL RESOURCE IMPACTS AND IMPLEMENTING THE MEASURES 26 TO MINIMIZE THOSE IMPACTS SHALL BE THE RESPONSIBILITY OF THE 27 DRAINAGE DISTRICT. 00488'99 * 73 1 (3) SUBJECT TO SUBSECTION (4), MEASURES THAT ARE INTENDED TO 2 IMPROVE OR ENHANCE NATURAL RESOURCES VALUES MAY BE INCLUDED AS 3 PART OF THE DRAINAGE PROJECT IN THE DISCRETION OF THE DRAINAGE 4 BOARD. THE FUNDING FOR THE COSTS OF SUCH MEASURES MAY INCLUDE 5 GIFTS, DONATIONS, GRANTS, AND CONTRACTS PURSUANT TO SECTION 431, 6 SPECIAL ASSESSMENTS OTHER THAN SPECIAL ASSESSMENTS UNDER THIS 7 ACT, OR ANY COMBINATION THEREOF AS CONSIDERED APPROPRIATE BY THE 8 DRAINAGE BOARD. 9 (4) IF THE PROPOSED DRAIN IS LOCATED IN A WATERSHED MANAGE- 10 MENT DISTRICT FOR WHICH A WATERSHED MANAGEMENT PLAN HAS BEEN 11 ADOPTED UNDER SECTION 595, THE DRAINAGE BOARD SHALL UNDERTAKE THE 12 ESTABLISHMENT AND CONSTRUCTION OF THE DRAIN, INCLUDING, BUT NOT 13 LIMITED TO, MEASURES TO IMPROVE OR ENHANCE NATURAL RESOURCE 14 VALUES, CONSISTENT WITH THE WATERSHED MANAGEMENT PLAN. 15 (5) IF, AFTER THE RECEIPT OF THE PLANS, SPECIFICATION, ESTI- 16 MATE OF COST, AND DESCRIPTIONS OF THE LANDS OR RIGHTS-OF-WAY 17 NEEDED FOR THE PROPOSED DRAIN, THE DRAINAGE BOARD BELIEVES THAT 18 THE PROJECT IS NOT PRACTICAL, THE DRAINAGE BOARD SHALL NOTIFY THE 19 LANDOWNERS IN THE DISTRICT AND PUBLIC CORPORATIONS IN THE DIS- 20 TRICT BY FIRST-CLASS MAIL OF THE INTENT TO REJECT THE PETITION. 21 THE NOTICE SHALL SPECIFY THE REASONS FOR THE PROPOSED REJECTION. 22 THE NOTICE SHALL ALSO SPECIFY A TIME, DATE, AND PLACE FOR A 23 PUBLIC HEARING TO HEAR OBJECTIONS TO THE REJECTION OF THE 24 PETITION. AT THE PUBLIC HEARING, THE DRAINAGE BOARD SHALL ELICIT 25 TESTIMONY AND EVIDENCE WITH REGARDS TO THE PROPOSED REJECTION. 26 FOLLOWING THE RECEIPT OF TESTIMONY, THE DRAINAGE BOARD SHALL 27 DETERMINE WHETHER OR NOT THE PETITION SHOULD BE REJECTED. IF THE 00488'99 * 74 1 REJECTION IS DETERMINED TO BE PRACTICAL, THE DRAINAGE BOARD SHALL 2 ENTER AN ORDER OF REJECTION AND APPORTION ALL COSTS INCURRED TO 3 THE DISTRICT AS IF THE PROJECT HAD BEEN BUILT AND THE COSTS WILL 4 BE SUBSEQUENTLY ASSESSED AND PAID AS PROVIDED IN CHAPTER 7. A 5 DETERMINATION TO REJECT A PETITION DOES NOT LIMIT THE RIGHT TO 6 FILE ANOTHER PETITION. 7 SEC. 108. (1) UPON COMPLETION OF THE ENGINEERING ANALYSIS, 8 THE DIRECTOR OF AGRICULTURE SHALL FILE A COPY OF THE ENGINEERING 9 ANALYSIS IN THE OFFICE OF EACH COMMISSIONER SERVING ON THE DRAIN- 10 AGE BOARD AND SHALL CONVENE A PUBLIC HEARING TO PRESENT THE ENGI- 11 NEERING ANALYSIS AND THE PROJECT PROPOSED TO BE UNDERTAKEN. THE 12 DIRECTOR OF AGRICULTURE SHALL GIVE NOTICE OF FILING OF THE ENGI- 13 NEERING ANALYSIS AND OF THE PUBLIC HEARING IN THE MANNER PROVIDED 14 IN SECTION 8. THE NOTICE SHALL GIVE ALL OF THE FOLLOWING 15 INFORMATION: 16 (A) A GENERAL DESCRIPTION OF THE DRAINAGE DISTRICT. 17 (B) THE NAME OR NUMBER OF THE DRAINAGE DISTRICT. 18 (C) A GENERAL MAP OF THE DRAINAGE DISTRICT AS DESCRIBED IN 19 THE ENGINEERING ANALYSIS OR A GENERAL DESCRIPTION OF THE BOUNDA- 20 RIES OF THAT DRAINAGE DISTRICT BY MUNICIPAL BOUNDARIES, ROADWAYS, 21 OR PARCELS OR TRACTS OF LAND. 22 (D) A GENERAL DESCRIPTION OF THE ROUTE AND TYPE OF CONSTRUC- 23 TION AND THE ESTIMATED COST OF THE ENGINEER'S RECOMMENDATION. 24 (2) A PERSON AGGRIEVED BY THE DETERMINATION OF THE PROJECT 25 SELECTED BY THE DRAINAGE BOARD MAY SEEK REVIEW IN THE CIRCUIT 26 COURT WITHIN 14 DAYS OF THE PUBLIC HEARING. THE CIRCUIT COURT 27 SHALL REVIEW THE ENTIRE RECORD TO DETERMINE WHETHER THE DRAINAGE 00488'99 * 75 1 BOARD ABUSED ITS DISCRETION IN MAKING A DETERMINATION OF THE 2 PROJECT SELECTED TO BE UNDERTAKEN, BASED ON THE WHOLE RECORD. 3 SEC. 109. (1) UNLESS THE DRAINAGE BOARD DETERMINES TO 4 REJECT THE PETITION UNDER SECTION 107, THE DRAINAGE BOARD SHALL 5 PROCEED TO ACQUIRE PROPERTY FOR THE DRAIN UNDER SECTION 7. 6 (2) THE APPORTIONMENT AND REVIEW OF BENEFITS, THE LETTING OF 7 CONTRACTS, AND THE LEVY AND COLLECTION OF DRAIN SPECIAL ASSESS- 8 MENTS FOR THE DRAIN SHALL BE AS PROVIDED IN CHAPTERS 7, 9, AND 9 11. 10 SEC. 110. A FULL RECORD OF THE DRAIN SHALL BE MADE AND 11 ENTERED BY THE SEVERAL COMMISSIONERS IN THE DRAIN RECORDS OF 12 THEIR RESPECTIVE COUNTIES, AND A COPY OF ALL THE RECORDS RELATIVE 13 TO THE ESTABLISHMENT AND CONSTRUCTION OF THE DRAIN SHALL BE 14 DELIVERED TO THE OTHER COMMISSIONERS BY THE COMMISSIONER HAVING 15 THE ORIGINAL APPLICATION OR PETITION, WHICH COPIES SHALL BE FILED 16 IN THE OFFICE OF THE COUNTY DRAIN COMMISSIONER OF THE RESPECTIVE 17 COUNTIES AS ORIGINAL RECORDS ARE REQUIRED TO BE FILED AND WITH 18 THE SAME FORCE AND EFFECT. 19 SEC. 111. THE DRAINAGE BOARD, ACTING ON BEHALF OF THE 20 DRAINAGE DISTRICT, MAY BORROW MONEY AND MAY ISSUE BONDS OR NOTES 21 THEREFOR AS PROVIDED FOR DRAINS LYING WHOLLY WITHIN 1 COUNTY. 22 THE BONDS OR NOTES SHALL BE SIGNED BY THE MEMBERS OF THE DRAINAGE 23 BOARD AND SHALL BE COUNTERSIGNED BY THE CLERKS OF THE COUNTIES 24 AFFECTED. BONDS OR NOTES ISSUED UNDER THIS CHAPTER ARE PAYABLE 25 AT THE OFFICE OF THE COUNTY TREASURER SELECTED BY THE DRAINAGE 26 BOARD TO SERVE AS THE TREASURER OF THE DRAINAGE DISTRICT. THE 27 BONDS OR NOTES SHALL BE DEPOSITED AND SAFELY KEPT BY THE 00488'99 * 76 1 TREASURER UNTIL SOLD AND DELIVERED. ALL INSTALLMENTS, WITH 2 INTEREST THEREON, OF THE SPECIAL ASSESSMENTS SHALL BE TRANSMITTED 3 AS COLLECTED BY THE TREASURER OR TREASURERS OF THE OTHER COUNTY 4 OR COUNTIES CONCERNED TO THE TREASURER OF THE DRAINAGE DISTRICT, 5 WHO SHALL ISSUE A RECEIPT THEREFOR AND SHALL PLACE THE MONEY IN 6 THE FUND OF THE DRAIN TO BE DISBURSED SOLELY FOR THE RETIREMENT 7 OF THE BONDS OR NOTES AT MATURITY AND THE PAYMENT OF INTEREST 8 THEREON. 9 SEC. 112. IF A PROPOSED DRAIN LIES WHOLLY OR PARTLY IN AN 10 ADJOINING STATE, OR THE LANDS TO BE DRAINED THEREBY LIE PARTLY IN 11 AN ADJOINING STATE, A PETITION TO ESTABLISH A DRAINAGE DISTRICT 12 AND ESTABLISH AND CONSTRUCT A DRAIN AS SPECIFIED IN THIS ACT MAY 13 BE MADE TO ANY COMMISSIONER REPRESENTING ANY COUNTY IN THIS STATE 14 IN WHICH ANY PORTION OF THE PROPOSED DRAIN OR LANDS TO BE 15 AFFECTED THEREBY LIE, AND THE SAME PROCEEDINGS SHALL BE HAD 16 REGARDING THE PORTION OF THE DRAIN OR THE LANDS TO BE DRAINED OR 17 AFFECTED THEREBY LYING WITHIN THIS STATE AS ARE PROVIDED IN THIS 18 ACT FOR DRAINS AND LANDS LYING WHOLLY WITHIN THIS STATE. 19 HOWEVER, BEFORE ANY EXPENSE IS INCURRED IN RELATION TO THE PRO- 20 POSED DRAIN, A VOLUNTARY RELEASE OF THE RIGHT-OF-WAY TO CONSTRUCT 21 THE DRAIN OR PORTION OF THE DRAIN THAT LIES WITHOUT THIS STATE 22 AND AN AGREEMENT TO KEEP IT OR PERMIT IT TO BE KEPT, CLEAR FROM 23 OBSTRUCTION SHALL FIRST BE OBTAINED FROM THE PARTIES OWNING LANDS 24 OUTSIDE OF THIS STATE THROUGH WHICH THE DRAIN OR PORTION THEREOF 25 IS TO PASS, AND SUCH RELEASE AND AGREEMENT SHALL BE FILED WITH 26 THE SAID DRAIN COMMISSIONER AND SHALL FORM A PART OF THE RECORD 27 OF HIS OR HER PROCEEDINGS IN THE PREMISES. 00488'99 * 77 1 SEC. 113. AN ACTION INVOLVING AN INTERCOUNTY DRAIN MAY BE 2 BROUGHT IN THE CIRCUIT COURT OF A COUNTY IN WHICH A PART OF THE 3 INTERCOUNTY DRAINAGE DISTRICT IS ESTABLISHED, SUBJECT TO THE 4 MICHIGAN RULES OF COURT. 5 CHAPTER 7.6 APPORTIONMENT AND REVIEW.7 Sec. 151. (1)Upon the release of the right-of-way and8damages, or upon the determination and return of the special9commissionersAFTER THE DRAIN COMMISSIONER, FOR A COUNTY DRAIN, 10 OR DRAINAGE BOARD, FOR AN INTERCOUNTY DRAIN, ACQUIRES 11 RIGHTS-OF-WAY OR EASEMENTS, the commissioner OR DRAINAGE BOARD 12 shall makehisTHE final order of determination establishing 13 the drain., whichTHE drainshallPROJECT MAY be divided 14into convenient sections for the letting of contracts:15Provided, That the commissioner may let the drain in sections or16as a whole. SaidFOR THE PURPOSE OF LETTING CONTRACTS. THE 17 order of determination shall be filed with the county drain com- 18 missionerwithin 5NOT MORE THAN 7 days aftersuchTHE order 19 is made.He shall, before20 (2) THE DRAIN COMMISSIONER, FOR A COUNTY DRAIN, OR DRAINAGE 21 BOARD, FOR AN INTERCOUNTY DRAIN, MAY AMEND A FINAL ORDER OF 22 DETERMINATION BY CHANGING THE NAME OR NUMBER OF THE DRAIN OR THE 23 BOUNDARIES OF THE DISTRICT IF THERE IS FILED WITH THE DRAIN COM- 24 MISSIONER OR DRAINAGE BOARD A PETITION SIGNED BY NOT LESS THAN 5 25 LANDOWNERS WHOSE LAND IS TRAVERSED BY THE DRAIN, STATING THE THEN 26 PRESENT NAME OR NUMBER OF THE DRAIN AND THE CHANGE OR CHANGES TO 27 BE MADE IN THE NAME OR NUMBER OF THE DRAIN OR THE BOUNDARIES OF 00488'99 * 78 1 THE DISTRICT. A PETITION TO CHANGE THE BOUNDARIES OF THE 2 DRAINAGE DISTRICT SHALL BE ACCOMPANIED BY A CERTIFICATION FROM AN 3 ENGINEER OR SURVEYOR. IF IN THE DRAIN COMMISSIONER'S OR DRAINAGE 4 BOARD'S OPINION IT IS TO THE BEST INTEREST OF ALL CONCERNED THAT 5 THE NAME OR NUMBER OF THE DRAIN OR THE LANDS BE CHANGED, THE 6 DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL MAKE AN ORDER AMENDING 7 THE NAME, NUMBER, OR DISTRICT BOUNDARIES, AND THEREAFTER THE 8 DRAINAGE DISTRICT SHALL BE KNOWN BY THE NAME OR NUMBER AND THE 9 BOUNDARY SHALL BE AS SET FORTH IN THE AMENDED ORDER. IF SUCH AN 10 ORDER IS MADE, THE DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL 11 PROVIDE NOTICE OF SUCH A CHANGE IN THE MANNER PROVIDED IN SECTION 12 8 TO THE DRAINAGE DISTRICT AND CONVENE A DAY OF REVIEW OF 13 APPORTIONMENTS. 14 (3) BEFORE the day ofletting andreview OF 15 APPORTIONMENTS, THE DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL 16 fix the number of installments for the collection of drainage 17taxesASSESSMENTS and apportion theper centPERCENT of the 18 cost of construction ofsuch drain which any township, city or19village traversed or benefited thereby shall beTHE DRAIN THAT 20 ANY CITY, VILLAGE, OR TOWNSHIP IS liable to pay by reason of the 21 benefit to the public health, convenience, or welfare, oras the22means of improving any highway under the control of such town-23ship, city or village. He shall apportion the per cent of the24cost of construction of such drain which any highway then under25the control of the county or district road commissioners, shall26be liable to pay by reason of benefits therefor, and as the means27of improving such highway. He shall also apportion the per cent00488'99 * 79 1of the cost of construction of such drain which any state trunk2line highway, under the control of the state highway commission-3er, shall be liable to pay by reason of benefits therefor and as4the means of improving said highway. HeTHAT ANY ROADWAY 5 AUTHORITY IS LIABLE TO PAY BY REASON OF BENEFITS TO OR CONTRIBU- 6 TIONS FROM A ROADWAY. 7 (4) FOR A COUNTY DRAIN, THE DRAIN COMMISSIONER shall also 8 apportion theper centPERCENT of benefits to accrue to any 9 piece or parcel of land INCLUDING LANDS OWNED BY ANY PUBLIC 10 CORPORATION by reason of the construction, MAINTENANCE, OR 11 IMPROVEMENT ofsuchTHE drain over and above theper cent12 PERCENT apportioned to anytownship, city or village at large13 PUBLIC CORPORATION or to anyhighwayROADWAY as above 14 provided.Such per centIF LANDS OWNED BY THE STATE OF 15 MICHIGAN ARE LOCATED WITHIN THE DRAINAGE DISTRICT, ONLY THOSE 16 LANDS WHICH HAVE BEEN DEVELOPED WITH IMPERVIOUS SURFACES SHALL BE 17 APPORTIONED A PERCENT OF BENEFITS. FOR AN INTERCOUNTY DRAIN, THE 18 DRAIN COMMISSIONER FOR EACH COUNTY IN WHICH LANDS SUBJECT TO 19 ASSESSMENT FOR THE DRAIN ARE LOCATED SHALL SO APPORTION THE PER- 20 CENT OF BENEFITS TO ACCRUE TO THOSE LANDS. THE PERCENT so appor- 21 tioned when finally approved shall be assessedagainst such22townships, cities and villages and against the county at large by23reason of the improvement of the highways within the drainage24district, and against the state by reason of the improvement of25the state trunk line highways within such drainage district, and26against all parcels of land thereinaccording tosuchTHE 27 apportionment of benefits.as herein provided.The 00488'99 * 80 1 apportionment of benefitsso made shall beAND ADDITION OF 2 LANDS TO THE DRAINAGE DISTRICT ARE subject to review and correc- 3 tion and may be appealed from as PROVIDED in this act. 4provided.The board ofsupervisorsCOMMISSIONERS at its 5 October meeting each year shall make provision by proper assess- 6 ment of the amounts apportioned against anyhighway under the7control of the county and district highway commissionersCOUNTY 8 ROAD. 9 Sec. 152. (1)All apportionmentsEACH APPORTIONMENT of 10 benefits underthe provisions ofthis act shall be upon the 11 principle of benefits derived.All descriptions12 (2) IF THE ACT OR OMISSION OF A PERSON INCREASES OR REDUCES 13 THE NEED FOR MAINTENANCE OR IMPROVEMENT OF THE DRAIN, THE DRAIN 14 COMMISSIONER MAY CONSIDER THE ACT OR OMISSION IN MAKING THE 15 APPORTIONMENT. 16 (3) A DESCRIPTION of land underthe provisions ofthis act 17 shall be made by giving the legal subdivision thereof, whenever 18 practicable, and when the tract of land which is to be benefited 19 or affected bysuchA drain is less thansuchA legal 20 subdivision, it may be described by designation of the lot or A 21 PART OF A LOT OR other boundaries, or in some way.by which it22may be known.IF THE DRAIN COMMISSIONER RETAINS IN HIS OR HER 23 OFFICE A DETAILED DESCRIPTION, MAP, OR OTHER SPECIFICATION THAT 24 DESIGNATES A PARCEL OR PORTION OF A PARCEL TO BE BENEFITED BY THE 25 DRAIN, THE COMMISSIONER, INSTEAD OF PROVIDING A SPECIFIC DESCRIP- 26 TION OF THE PARCEL, MAY DESIGNATE THE PARCEL BY USE OF THE 27 PARCEL'S TAX PARCEL IDENTIFICATION NUMBER. 00488'99 * 81 1 Sec. 153.SuchTHE FINAL order of determination shall 2 contain a description of the district to be assessed for benefits 3 in the construction ofsaidTHE drain, either by boundaries or 4 by description OR TAX PARCEL IDENTIFICATION NUMBER of the several 5 tracts or parcels of land to be assessed., which saidTHE 6 tracts or parcels and the county, townships, cities, villages, 7 andhighwaysROADWAYS therein shall constitute the special 8 assessment district., and which district shall in said order be9designatedTHE FINAL ORDER OF DETERMINATION SHALL DESIGNATE THE 10 DISTRICT by name or number. 11 Sec. 154. (1)The commissionerA COMMISSIONER RESPONSIBLE 12 FOR APPORTIONMENT OF BENEFITS FOR A COUNTY OR INTERCOUNTY DRAIN 13 shall give notice UNDER SECTION 8 OF A TIME AND PLACE FOR THE 14 MEETING FOR THE REVIEW OF THE APPORTIONMENTS MADE BY THAT 15 COMMISSIONER. THE MEETING SHALL BE HELD NOT LESS THAN 7 OR MORE 16 THAN 28 DAYS AFTER THE DATE SET forthereceivingofbids for 17theconstruction of the drain.and for the holding of a public18meeting. At the meeting a review shall be made of the apportion-19ment of benefits. The notice shall specify the time and place of20receiving bids, and the time and place of the meeting for review21of apportionment. The meeting shall be not less than 5 nor more22than 30 days after the date set for receiving bids. The notice23shall be given by publication of at least 2 insertions in a news-24paper published and of general circulation in the county. The25first publication shall be at least 10 days before the date set26for receiving bids. The drain commissioner shall send notice by27first class mail of the time, date, and place of the meeting, at00488'99 * 82 1least 10 days before the date of the meeting, to each person2whose name appears upon the last city or township tax assessment3roll as owning land within the special assessment district, at4the address shown on the roll. If an address does not appear on5the roll, then notice need not be mailed to the person. The6drain commissioner shall make an affidavit of the mailing and7shall recite in the affidavit that the persons to whom the notice8was mailed, constitute all of the persons whose names and9addresses appear upon the tax rolls as owning land within the10particular special assessment district. The affidavit shall be11conclusive proof that notice was mailed to each person to whom12notice is required to be mailed. If notice has been sent by13first class mail as provided in this section, the failure to14receive notice by mail shall not constitute a jurisdictional15defect invalidating a drain proceeding or tax.If the board of 16 determination determines that the drain is necessary for the pro- 17 tection of the public health and that the whole cost of the 18 drain, except that part which may be apportioned TO ROADWAY 19 AUTHORITIES for benefits to highways, shall be apportioned to 20municipalitiesPUBLIC CORPORATIONS, then mailing of individual 21 notices to persons owning land within the special assessment dis- 22 trict as provided in this sectionshall not beIS NOT 23 required. 24(2) The notice shall also contain the names of the coun-25ties, cities, townships, or villages to be assessed at large, and26shall be personally served on the county clerk and 1 or more27members of the road commission of a county or road district, the00488'99 * 83 1supervisor of a township, the mayor of a city, and the president2of a village to be assessed at large. The notice shall contain a3description of the land constituting the special assessment dis-4trict for the drain. The description may be stated by designat-5ing the boundaries of the special assessment district by streets,6highways, parcels, or tracts of land or by describing the tracts7or parcels of land constituting the district. A tract or parcel8need not be subdivided beyond the point where the whole of the9tract or parcel is within the drainage district or to describe10the drain further than by reference to it by its name or number.11The notice shall also state the number and length of sections,12the average depth and width of each section, and in case of13closed drains, the amount and specifications of all tile or pipe14required. The notice shall contain the location, number, type,15and size of all culverts and bridges and the conditions upon16which the contract will be awarded. The notice need not contain17minutes of survey or table of cuttings which shall be kept on18file in the office of the drain commissioner.19 (2)(3) Bids shall be received and computation of the total20cost of the drain shall be made before the time set forBEFORE 21 THE review of the apportionment,andthe DRAIN COMMISSIONER, 22 FOR A COUNTY DRAIN, OR DRAINAGE BOARD, FOR AN INTERCOUNTY DRAIN, 23 SHALL PREPARE A COMPUTATION OF THE TOTAL COST OF THE DRAIN 24 PROJECT INCLUDING THE ITEMS LISTED IN SECTION 261. THE computa- 25 tion shall be open to inspection. If the computation is not com- 26 pleted before the day of review, the review may be adjourned from 27 time to time, not more than2021 days in all, for the 00488'99 * 84 1 completion of the computation, or a new hearing may be called 2 with similar notice, by publication and service at least1014 3 days before the hearing. If the contracts on which the computa- 4 tion was based are not executed and new contractsshallWILL be 5 let at a higher price, a corrected computation shall be made and 6 a new review held with a similar notice. At the time and place 7 fixed in the notice, or at another time and place to which the 8 county drain commissioner may adjourn the hearing, the apportion- 9 ment of benefits and the lands comprised within the special 10 assessment district shall be subject to review for at least 1 11 day. The review shall be held open from 9 a.m. until 5 p.m. On 12 the DAY OF review, the county clerk or the county road commission 13 may appear on behalf of the county or a road district; the super- 14 visoror commissioner of highwaysof a township may appear on 15 behalf of a township; the mayor or an officer of the city desig- 16 nated by the mayor may appear for a city; the president may 17 appear on behalf of a village; AND A DESIGNATED OFFICIAL MAY 18 APPEAR ON BEHALF OF ANY OTHER PUBLIC CORPORATION. At the review, 19 the county drain commissioner shall hear the proofs and allega- 20 tions and shall carefully reconsider and review the description 21 of land comprised within the special assessment district, the 22 several descriptions and apportionment of benefits, and define 23 and equalize the land as is just and equitable. 24 (3)(4) WhenIF an apportionment of benefits is made 25 against a state trunk line highway, unless thestate highway26 director OF THE STATE TRANSPORTATION DEPARTMENT consents in 27 writing to the apportionment, the drain commissioner, at least 00488'99 * 85 12021 days before thereview on the trunk lineDAY OF REVIEW, 2 shall notify THE DIRECTOR OF THE STATE TRANSPORTATION DEPARTMENT 3 byregisteredCERTIFIED mailthe state highway directorof 4 the percentage apportioned against the STATE TRUNK LINE highway 5 and the date, time, and place fixed for a review of apportionment 6 of benefits. If thestate highway directorDIRECTOR OF THE 7 STATE TRANSPORTATION DEPARTMENT desires to have the apportionment 8 of benefits reviewed by the director ofthe department ofagri- 9 culture, thestate highwaydirector, within 10OF THE STATE 10 TRANSPORTATION DEPARTMENT, THEN, NOT MORE THAN 14 daysfrom11 AFTER the receipt of the notice, THE DIRECTOR OF THE STATE TRANS- 12 PORTATION DEPARTMENT shall file with the drain commissioner an 13 objection to the apportionment. The drain commissioner shall 14 notify the directorof the departmentof agriculture of the 15 date, time, and place fixed for the review of apportionments.,16and atAT the meeting, the director ofthe department ofagri- 17 culture, or a deputy of the director,shall review the appor- 18 tionment made against the state trunk line highway, listen to the 19 proofs and allegations of the parties, and may view the STATE 20 TRUNK LINE highway benefited. The action and decision on the 21 apportionment SHALL BE reduced to writingshall beIS final. 22 (4) THE DIRECTOR OF THE STATE TRANSPORTATION DEPARTMENT 23 SHALL NOTIFY THE DRAIN COMMISSIONER IN WRITING WHETHER THE 24 DEPARTMENT WILL PAY ANY ASSESSMENT AGAINST STATE TRUNK LINE HIGH- 25 WAYS IN A SINGLE PAYMENT OR IN INSTALLMENTS. IF THE DIRECTOR OF 26 THE STATE TRANSPORTATION DEPARTMENT DOES NOT SPECIFY BEFORE THE 27 ADVERTISEMENT OF THE SALE OF BONDS OR NOTES WHETHER THE 00488'99 * 86 1 DEPARTMENT WILL PAY THE ASSESSMENT IN FULL OR IN INSTALLMENTS, 2 THE DEPARTMENT IS LIABLE FOR THE INTEREST CHARGES INCURRED AS A 3 RESULT OF THE SALE OF BONDS OR NOTES. 4 (5) ASSESSMENTS RELATED TO DRAINAGE OF STATE TRUNK LINE 5 HIGHWAYS SHALL BE PAID FROM FUNDS APPROPRIATED TO THE STATE 6 TRANSPORTATION DEPARTMENT. 7 Sec. 155. The owner of any land in the drainage district or 8 anycity, township, village, district or county having control9of any highway which may feelPUBLIC CORPORATION THAT IS 10 aggrieved by the apportionment of benefitssoOR ADDITION OF 11 LANDS TO THE DRAINAGE DISTRICT made by the commissioner,may,12within 10NOT MORE THAN 14 days after the day of review ofsuch13apportionments, appeal therefrom and for such purpose make an14application to the probate court of the proper county for the15appointment of a board of review,THE APPORTIONMENT, MAY APPEAL 16 THE APPORTIONMENT by filing withsaid probate courtTHE CIRCUIT 17 COURT FOR THE COUNTY WHERE THE LAND OR PUBLIC CORPORATION IS 18 LOCATED a notice of appeal REQUESTING THE APPOINTMENT OF A BOARD 19 OF REVIEW andat the same time filing with said courta bond. 20 THE BOND SHALL BE in such sum as the CIRCUIT judgeof probate21 may require, with 1 or more sureties to be approved by the 22 CIRCUIT judge,of probate,conditioned upon the payment of all 23 costsin caseINCLUDING ENGINEERING, ATTORNEY, AND WITNESS FEES 24 IF the apportionment OR AMENDMENT TO THE DRAINAGE DISTRICT made 25 by the commissionershall beIS sustained.SuchTHE appeal 26 may be taken by the CHAIRPERSON OF THE countyor district road27 BOARD OF commissioners in behalf of the county, THE CHAIRPERSON 00488'99 * 87 1 OF THE COUNTY BOARD OF ROAD COMMISSIONERS IN BEHALF OF THE ROAD 2 COMMISSION, the mayor of any city in behalf of the city,bythe 3 supervisor in behalf ofanyA township, orbythe president 4 ofanyA village in behalf of the village when authorized by 5 the COUNTY BOARD OF COMMISSIONERS, THE BOARD OF COUNTY ROAD COM- 6 MISSIONERS, THE village or city council, OR THE township board, 7or road commission,respectively. Only 1 board shall be 8 appointed bysuch probateTHE court. 9 Sec. 156. (1)The probate court uponUPON THE CIRCUIT 10 COURT'S receipt ofany such application as hereinbefore provided11for shall forthwithA NOTICE OF APPEAL UNDER SECTION 155, THE 12 CHIEF OR ONLY JUDGE OF THE CIRCUIT COURT SHALL IMMEDIATELY notify 13 the commissioner in writing ofsuchTHE appeal, and shall 14thereuponTHEN make an order appointing 3 disinterested and 15 competentfreeholdersLANDOWNERS ofsuchTHE county, not res- 16 idents of the township or townships affected by said drain, as 17 members of a board of review.The persons so appointed shall18constitute the board of review. TheIMMEDIATELY AFTER MAKING 19 THE APPOINTMENTS, THE court shall,thereupon,with the concur- 20 rence of the commissioner,immediatelyfix the time and place 21when and where saidFOR A MEETING OF THE board of reviewshall22meetto reviewsaidTHE apportionments., which time shall23not beTHE MEETING SHALL BE HELD NOT less than10 nor14 OR 24 more than1521 daysfromAFTER the date of filingsuchTHE 25 NOTICE OF appeal. ThecommissionerCOURT shallthereupon give26notice toTHEN NOTIFY the persons so appointed of their 27 appointment and of the time and place of meeting., and shall00488'99 * 88 1give notice of such meeting by posting notices in at least 52public places in each township forming a part of the drainage3district, and shall serve a like notice upon the appellant if he4be a resident of any township affected. Such notice shall be5made not less than 5 days before the day of hearing and shall be6made by personal service.CONSISTENT WITH SECTION 8, THE COURT 7 SHALL ALSO NOTIFY EACH LANDOWNER AND PUBLIC CORPORATION LIABLE 8 FOR AN ASSESSMENT. Proof of service ofnotice of appealTHE 9 NOTICES UNDER THIS SUBSECTION shall be made by the person serving 10said noticeTHE NOTICES and be filed in the office of the 11judge of probateCLERK OF THE CIRCUIT COURT.At such hearing12the board of review shall have the right, and it shall be their13duty, to review all apportionments for benefits made by the com-14missioner on such drain. The persons so appointed15 (2) AT THE HEARING, THE BOARD OF REVIEW shall be sworn by 16 the commissioner to faithfully discharge the duties ofsuchTHE 17 board of review. 18 (3) MEMBERS OF THE BOARD OF REVIEW SHALL BE COMPENSATED IN 19 THE SAME MANNER AND AMOUNT AS A BOARD OF DETERMINATION. 20 Sec. 157. (1) The board of review shallproceedat the 21 time, date, and place specified in the noticetohear the 22 proofs and allegations of the parties in respect to an appeal, 23shallproceed to view the lands benefited by the drain OR 24 PROJECT, andshallreview ALL OF the apportionments made by the 25 commissioner on the drain OR PROJECT. If intheirTHE judgment 26 OF THE BOARD OF REVIEW there is a manifest error or inequality in 27 the apportionments OR AMENDMENTS TO THE DRAINAGE DISTRICT,they00488'99 * 89 1 THE BOARD OF REVIEW shall order and make the changes in the 2 apportionment astheyTHE BOARD OF REVIEW may consider just and 3 equitable. If the board of review upon personal examination 4 finds that a land liable to be assessed for the construction of 5 the drain OR PROJECT is not included in the drainage district 6 made by the commissioner,theyTHE BOARD OF REVIEW shalladd7the land to the drainage district of the drain and shall adjourn8the review to another time or place as they consider proper, but9not in all more than 20 days from and after the time of review10first advertised. The notice of the adjournment shall contain a11description of lands added to the drainage district. The notice12shall be given at least 10 days before the adjourned day of13review. Should the owners of land liable to an assessment be14nonresidents of the county, personal notice shall be served on15the owners, or a notice shall be published in a weekly newspaper16published in the county, of at least 2 insertions, giving the17description of the land added to the assessment district and18giving the time, date, and place where the board shall meet. The19action and decision of the board shall be final.PREPARE A PRO- 20 POSED DECISION MAKING THE CHANGES IN THE APPORTIONMENT THAT THE 21 BOARD OF REVIEW CONSIDERS JUST AND EQUITABLE AND SHALL ADJOURN 22 THE REVIEW FOR NOT MORE THAN 21 DAYS FROM THE DATE OF THE MEETING 23 SPECIFIED IN THE FIRST NOTICE. THE BOARD OF REVIEW SHALL GIVE 24 NOTICE OF THE ADJOURNMENT IN THE MANNER PROVIDED IN SECTION 8(2) 25 AND (3), AND BY POSTING NOTICE IN THE OFFICE OF THE DRAIN COMMIS- 26 SIONER BY THE DATE BY WHICH MAILING OF THE NOTICE IS REQUIRED 27 UNDER SECTION 8(2). HOWEVER, THE BOARD OF REVIEW NEED ONLY 00488'99 * 90 1 PROVIDE NOTICE TO PERSONS THAT THE BOARD OF REVIEW BELIEVES MAY 2 BE AFFECTED BY ITS FINAL DECISION. 3 (2) UPON RECONVENING, THE BOARD OF REVIEW SHALL HEAR ANY 4 FURTHER PROOFS AND ALLEGATIONS RELEVANT TO THE PROPOSED DECISION 5 OF THE BOARD OF REVIEW. THE BOARD OF REVIEW MAY VIEW LANDS AND 6 SHALL REVIEW APPORTIONMENTS THAT ARE THE SUBJECT OF THE FURTHER 7 PROOFS AND ALLEGATIONS. 8 (3) THE BOARD SHALL MAKE ITS FINAL DECISION, WHICH SHALL NOT 9 AFFECT ANY PERSON TO WHOM NOTICE WAS NOT PROVIDED UNDER SUBSEC- 10 TION (1). Theaction anddecision OF THE BOARD OF REVIEW shall 11 bereduced toIN writing and signed bya majority ofthe 12 boardmakingMEMBERS AGREEING WITH the decision, and shall be 13 delivered to the commissioner WITHIN 14 DAYS OF THE CLOSE OF THE 14 MEETING together with otherpapersRECORDS 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 AND PERSONS AGGRIEVED BY 20 THE CHANGES MADE BY THE BOARD OF REVIEW ARE NOT ENTITLED TO ADDI- 21 TIONAL JUDICIAL REVIEW. 22 Sec. 158. (1)In caseIF the apportionment of the commis- 23 sionershall beIS sustained bysuchTHE board of review, the 24 appellant shall pay the whole costs and expenses ofsuchTHE 25 appeal.SuchIF THERE ARE MULTIPLE APPELLANTS, ANY APPELLANT 26 WHOSE APPORTIONMENT IS SUSTAINED SHALL PAY A PRO RATA SHARE OF 27 THE COSTS AND EXPENSES OF THE APPEAL BASED ON THE NUMBER OF 00488'99 * 91 1 APPELLANTS. THE costs and expenses shall be ascertained and 2 determined by the judge of probate., and if not paid the appel-3lant shall be liable on his bond for the full amount of such4costs in an action at law, to be brought by the commissioner on5the bond before any court having competent jurisdiction.6 (2) IF THE BOND OF AN APPELLANT IS NOT SUFFICIENT TO COVER 7 THE COMPENSATION, MILEAGE, AND EXPENSES FOR WHICH THE APPELLANT 8 IS LIABLE, THE DRAIN COMMISSIONER MAY RECOVER THE EXCESS AMOUNT 9 BY ANY MEANS AUTHORIZED BY LAW. 10 (3) SUBSECTION (2) DOES NOT LIMIT THE AUTHORITY OF THE DRAIN 11 COMMISSIONER TO COLLECT A RATE OR CHARGE BY ANY OTHER MEANS 12 AUTHORIZED BY LAW FOR THE COLLECTION OF A DEBT. 13 Sec. 161. (1) The proceedingsin establishing any drain14and levying taxes therefor shall beTO ESTABLISH A DRAIN AND 15 LEVY ASSESSMENTS ARE subject to review oncertiorari as herein16providedSUPERINTENDING CONTROL. A COMPLAINT SEEKING A writ of 17certiorariSUPERINTENDING CONTROL for any error IN PROCEEDINGS 18 occurring before or in the final order of determination shall be 19issued within 10FILED NOT MORE THAN 14 days after a copy of 20suchTHE final order is filed in the office of the drain com- 21 missioner as required by section 151,of this act,and for any 22 error IN PROCEEDINGS occurring aftersuchTHE final order of 23 determination,within 10NOT MORE THAN 14 days after the day of 24 review, or if an appeal has been taken,within 10NOT MORE THAN 25 14 days after the filing of the report of the board of review. 26Notice of such certiorari shall be00488'99 * 92 1 (2) THE COURT SHALL NOT HEAR THE ACTION UNLESS A COPY OF THE 2 COMPLAINT FOR SUPERINTENDING CONTROL WAS served upon the 3 commissionerwithin 10NOT MORE THAN 14 days after the dayof4issue in the same manner as notice is required to be given of5certiorari for reviewing judgments rendered by justices of the6peace and the writ shall be issued and served, and bond given and7approved and the subject matter brought to issue in the same time8and manner, as near as may be, as in such cases provided, except9that such certiorari may be heard by the court during term, or at10chambers, upon 5THE COMPLAINT WAS FILED AND 7 days' notice OF 11 THE HEARING IS given to the opposite party.; and the circuit12court of the countyTHE COURT shall hear and determine the 13sameACTION without unnecessary delay, and if any material 14 defectbeIS found in the proceedings for establishing the 15 drain, suchAND LEVYING ASSESSMENTS, SHALL SET ASIDE THE 16 proceedings.shall be set aside.If issues of fact are raised 17 by thepetition for suchwritand the return thereto, such18 COMPLAINT OR ANSWER, THE issues shall, on application of either 19 party, be framed and testimony thereon taken under the direction 20 of the court. 21 (3) If the proceedingsbeFOR ESTABLISHING THE DRAIN AND 22 LEVYING ASSESSMENTS ARE sustained, the partybringing the cer-23tiorari shall beSEEKING SUPERINTENDING CONTROL IS liable for 24 the coststhereof, and if they beOF THE SUPERINTENDING CONTROL 25 PROCEEDINGS. IF THE PROCEEDINGS FOR ESTABLISHING THE DRAIN AND 26 LEVYING ASSESSMENTS ARE not sustained, the parties making 27 application for the drainshall beARE liable for the costs OF 00488'99 * 93 1 THE SUPERINTENDING CONTROL PROCEEDINGS. Ifno certiorari be2broughtA COMPLAINT FOR SUPERINTENDING CONTROL IS NOT FILED 3 within the timehereinprescribed, the drain shall bedeemed4 CONSIDERED to have been legally established, and thetaxes5thereforDRAIN ASSESSMENTS legally levied, and the legality of 6saidTHE drain and thetaxes thereforASSESSMENTS shall not 7 thereafter be questioned inany suit at law or equity:8Provided, No court shall allow any certiorari questioning the9legality of any drain by any person unless notice has been given10to the commissioner in accordance with the provisions of this11chapter: Provided further, That when such proceedings are12broughtCOURT. IF A COMPLAINT FOR SUPERINTENDING CONTROL IS 13 FILED, the commissioner shall postpone the letting of contracts 14 and all other proceedings until after the determination of the 15 court.And if any error be found in the proceedingsIF THE 16 COURT FINDS AN ERROR IN THE PROCEEDINGS TO ESTABLISH THE DRAIN 17 AND LEVY ASSESSMENTS, the court shall direct the commissioner to 18 correctsuchTHE erroror errorsand then proceedthe same19 as though no error had been made. 20 CHAPTER 8.21CLEANING, WIDENING, DEEPENING, STRAIGHTENING AND EXTENDING22DRAINS.MAINTAINING, IMPROVING, AND CONSOLIDATING DRAINS 23 Sec. 191. (1)When a drain or portion thereof, which24traverses lands wholly in 1 county, and lands only in 1 county25which is subject to assessment, needs cleaning out, relocating,26widening, deepening, straightening, tiling, extending, or27relocating along a highway, or requires structures or mechanical00488'99 * 94 1devices that will properly purify or improve the flow of the2drain or pumping equipment necessary to assist or relieve the3flow of the drain, or needs supplementing by the construction of41 or more relief drains which may consist of new drains or exten-5sions, enlargements, or connections to existing drains, or needs61 or more branches added thereto, any 5 or at least 50% of the7freeholders if there are less than 5 freeholders whose lands8shall be liable to an assessment for benefits of such work, may9make petition in writing to the commissioner setting forth the10necessity of the proposed work and the commissioner shall proceed11in the same manner provided for the location, establishment, and12construction of a drain. If the project includes a tiled relief13drain, or the tiling of an existing open drain or any portion14thereof, with a conduit a part of which has an inside diameter in15excess of 36 inches or the retiling of an existing drain with a16conduit, a part of which has an inside diameter in excess of 3617inches, then the petition shall comply with section 71. The pre-18ceding sentence shall not be applicable to the construction of19bridges, culverts, and passageways. The word tiling as used in20this and other sections of this act, means the laying of a con-21duit composed of tile, brick, concrete, or other material. When22it is necessary for the public health of 1 or more cities, vil-23lages, and townships, the petition may be signed solely by a24city, village, or township when authorized by its governing body25or by a combination of the municipalities, if the municipality or26municipalities are liable to assessments at large for a27percentage of the total amount assessed for the cost of the00488'99 * 95 1proposed work. After the board of determination determines the2necessity for the work, as provided in section 72, the commis-3sioner shall, as soon as practicable after the final order of4determination prescribed in section 151 has been filed by him,5proceed as provided in sections 151 to 161. If the apportionment6is the same as the last recorded apportionments, no day of review7is necessary, but in other cases the commissioner shall proceed8as provided in sections 151 to 161, including the notice of and9the holding of a day of review.FOR A COUNTY DRAIN, 1 OR MORE OF 10 THE FOLLOWING MAY BE DONE, BY PETITION FILED PURSUANT TO THIS 11 SECTION: 12 (A) THE DRAIN OR PORTION OF THE DRAIN MAY BE MAINTAINED OR 13 IMPROVED. 14 (B) MEASURES MAY BE UNDERTAKEN THAT ARE INTENDED BOTH TO 15 ENHANCE OR IMPROVE NATURAL RESOURCE VALUES OF THE DRAIN AND TO 16 PROVIDE BENEFIT TO THE DESIGNED FUNCTION, LONGEVITY, OR HYDRAULIC 17 CAPACITY OF THE DRAIN. 18 (C) CONSISTENT WITH PART 315 OF THE NATURAL RESOURCES AND 19 ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.31501 TO 20 324.31529, A DAM OR STRUCTURE IN OR ADJACENT TO THE DRAIN MAY BE 21 CONSTRUCTED, OPERATED, AND MAINTAINED TO CONTROL THE RATE OF FLOW 22 THROUGH OR INTO THE DRAIN, OR THE LEVEL OF WATER, OR THE AMOUNT 23 OF SEEPAGE, OR TO PROVIDE FOR REMOVAL OF DRAINAGE BY PUMPING AND 24 OTHER MECHANICAL OPERATIONS. A PETITION FOR SUCH A DAM OR STRUC- 25 TURE SHALL STATE THAT THE IMPROVEMENT IS NECESSARY TO DRAIN, PRO- 26 TECT, OR IRRIGATE LAND. THE PETITION MAY STATE THE DESIRED 27 LOCATION OF THE DAM OR STRUCTURE, THE PROPOSED METHOD OF 00488'99 * 96 1 OPERATION AND OUTLET, AND HOW HISTORICAL DRAINAGE IS TO BE 2 MAINTAINED. 3 (D) A DRAINAGE DISTRICT MAY BE CONSOLIDATED WITH ANY ESTAB- 4 LISHED DRAINAGE DISTRICT OR HAVE LANDS ADDED OR DELETED. THE 5 CONSOLIDATION, ADDITION, OR DELETION SHALL OTHERWISE COMPLY WITH 6 SECTION 277A RELATIVE TO DISPOSITION OF FUNDS AND PAYMENT OF OUT- 7 STANDING DEBT. THE LANDOWNERS OF ANY LANDS BEING PETITIONED FOR 8 CONSOLIDATION, ADDITION, OR DELETION AND THE PUBLIC CORPORATIONS 9 IN WHICH THOSE LANDS ARE LOCATED SHALL BE GIVEN NOTICE OF THE 10 PROPOSED CONSOLIDATION, ADDITION, OR DELETION. 11 (2) IT IS NOT NECESSARY FOR THE PETITIONERS TO DESCRIBE THE 12 DRAIN OTHER THAN BY ITS NAME OR BY ITS COMMENCEMENT, GENERAL 13 ROUTE, AND TERMINUS. ONLY 1 PETITION AND PROCEEDING IS NECESSARY 14 FOR ANY OF THE MEASURES DESCRIBED IN SUBSECTION (1). 15 (3) THE PETITION SHALL BE FILED WITH THE COUNTY DRAIN 16 COMMISSIONER. THE PETITION SHALL BE SIGNED BY AT LEAST 5 LAND- 17 OWNERS IN THE DRAINAGE DISTRICT WHOSE LANDS WOULD BE LIABLE TO 18 ASSESSMENT FOR BENEFITS OR AT LEAST 50% OF THE LANDOWNERS IF 19 THERE ARE LESS THAN 5 LANDOWNERS WHOSE LANDS WOULD BE LIABLE FOR 20 ASSESSMENT OR SHALL BE SIGNED BY LANDOWNERS REPRESENTING 25% OF 21 THE LAND AREA LIABLE FOR ASSESSMENT. THE PETITION SHALL BE 22 ACCOMPANIED BY A DESCRIPTION OR TAX PARCEL CODE OF THE LAND IN 23 THE DISTRICT OWNED BY EACH SIGNER AND BY A CERTIFICATE OF THE 24 COUNTY TREASURER AS TO PAYMENT OF TAXES AND SPECIAL ASSESSMENTS 25 AGAINST THE LANDS IN A FORM AS DESCRIBED IN SECTION 51. THE NAME 26 OF ANY SIGNER AS TO WHOSE LAND THE CERTIFICATE SHOWS TAXES OR 27 ASSESSMENTS UNPAID FOR 3 YEARS SHALL NOT BE COUNTED. THE DRAIN 00488'99 * 97 1 COMMISSIONER SHALL DETERMINE THE ELIGIBILITY OF THE SIGNERS TO 2 THE PETITION BASED ON THEIR STATUS AS LANDOWNERS WHEN THE PETI- 3 TION WAS FILED. INSTEAD OF BEING SIGNED BY LANDOWNERS, A PETI- 4 TION MAY BE SIGNED AS PROVIDED IN SECTION 14 ON BEHALF OF AT 5 LEAST 1 PUBLIC CORPORATION, IF THE DRAIN PROJECT IS NECESSARY FOR 6 THE PUBLIC HEALTH IN THE PUBLIC CORPORATION, AND IF THE PUBLIC 7 CORPORATION WILL BE LIABLE FOR AN ASSESSMENT AT LARGE AGAINST IT 8 FOR A PERCENTAGE OF THE COST OF THE PROPOSED DRAIN. 9 (4) FOR PURPOSES OF NOTICE UNDER SECTION 8, THE DRAIN COM- 10 MISSIONER SHALL EVALUATE THE DRAINAGE DISTRICT BOUNDARIES AND 11 IDENTIFY ANY ADDITIONAL LANDOWNERS WHO MAY BE SUBJECT TO ASSESS- 12 MENTS FOR THE DRAIN PROJECT. PROCEEDINGS SHALL OTHERWISE BE CON- 13 DUCTED IN THE SAME MANNER AS PROVIDED IN SECTIONS 52 TO 57. THE 14 DETERMINATIONS OF PRACTICABILITY AND NECESSITY SHALL BE FOR THE 15 ACTIVITIES PETITIONED UNDER THIS SECTION, NOT FOR THE DRAIN OR 16 DRAINAGE DISTRICT IN GENERAL. THE APPORTIONMENT OF BENEFITS IS 17 SUBJECT TO SECTION 201. 18 (5) IF THE DRAIN IS LOCATED IN A WATERSHED MANAGEMENT DIS- 19 TRICT FOR WHICH A WATERSHED MANAGEMENT PLAN HAS BEEN ADOPTED 20 UNDER SECTION 595, THE DRAIN COMMISSIONER SHALL UNDERTAKE THE 21 ACTIVITIES PETITIONED UNDER THIS SECTION CONSISTENT WITH THE 22 WATERSHED MANAGEMENT PLAN. 23 Sec. 192. (1)Whenever a drain or portion thereof, which24traverses lands in more than 1 county, and lands in more than 125county shall be subject to assessments, needs cleaning out, relo-26cating, widening, deepening, straightening, tiling, extending or27relocating along a highway, or requires structures or mechanical00488'99 * 98 1devices that will properly purify or improve the flow of the2drain or pumping equipment necessary to assist or relieve the3flow of the drain, or needs supplementing by the construction of41 or more relief drains which may consist of new drains or exten-5sions, enlargements or connections to existing drains, or needs 16or more branches added thereto, freeholders within the drainage7district equal to 50% of the number of freeholders whose lands8are traversed by said drain or drains in said petition or abut on9any highway or street along either side of which such drain10extends, between the point where said drain enters such highway11and the point where it leaves such highway or street and which12lands are within the drainage district, may make a petition in13writing to the commissioner of any county having lands in such14district setting forth the necessity of such proposed work.15Whenever it is necessary for the public health of 1 or more16cities, villages or townships, the petition may be signed solely17by a city, village or township when duly authorized by its gov-18erning body or by any combination of such municipalities if the19municipality or municipalities will be liable to assessments at20large for a percentage of the total amount to be assessed for the21cost of the proposed work. The percentage of cost apportioned to22the municipality or municipalities shall be based upon the bene-23fits to accrue to such municipality or municipalities and also24the extent to which they contribute to the conditions which makes25the drain necessary. Upon receipt of such petition, the commis-26sioner shall notify the state director of agriculture and the27commissioners of each county embracing any lands in the drainage00488'99 * 99 1district, and the director of agriculture shall call a meeting2within the time and in the manner prescribed in section 122. The3persons so named shall constitute a drainage board and if such4work is then determined to be practicable, they may thereupon5appoint a competent surveyor or engineer to make a survey of said6drain, and lay out a drainage district according to section 104.7After the surveyor or engineer has filed all data with the drain-8age board, the director of agriculture shall call a meeting as9provided in section 122, and thereafter take all steps and per-10form all acts which are required to be done by said board upon a11petition for the location, establishment and construction of12drains as provided in sections 121 to 135. Such board and the13commissioners shall exercise such power and be subject to such14limitations as are provided in sections 121 to 135.FOR AN 15 INTERCOUNTY DRAIN, 1 OR MORE OF THE FOLLOWING MAY BE DONE, BY 16 PETITION FILED PURSUANT TO THIS SECTION: 17 (A) THE DRAIN OR PORTION OF THE DRAIN MAY BE MAINTAINED OR 18 IMPROVED. 19 (B) MEASURES MAY BE UNDERTAKEN THAT ARE INTENDED BOTH TO 20 ENHANCE OR IMPROVE NATURAL RESOURCE VALUES OF THE DRAIN AND TO 21 PROVIDE BENEFIT TO THE DESIGNED FUNCTION, LONGEVITY, OR HYDRAULIC 22 CAPACITY OF THE DRAIN. 23 (C) CONSISTENT WITH PART 315 OF THE NATURAL RESOURCES AND 24 ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.31501 TO 25 324.31529, A DAM OR STRUCTURE IN OR ADJACENT TO THE DRAIN MAY BE 26 CONSTRUCTED, OPERATED, AND MAINTAINED TO CONTROL THE RATE OF FLOW 27 THROUGH OR INTO THE DRAIN, OR THE LEVEL OF WATER, OR THE AMOUNT 00488'99 * 100 1 OF SEEPAGE, OR TO PROVIDE FOR REMOVAL OF DRAINAGE BY PUMPING AND 2 OTHER MECHANICAL OPERATIONS. A PETITION FOR SUCH A DAM OR STRUC- 3 TURE SHALL STATE THAT THE IMPROVEMENT IS NECESSARY TO DRAIN, PRO- 4 TECT, OR IRRIGATE LAND. THE PETITION MAY STATE THE DESIRED LOCA- 5 TION OF THE DAM OR STRUCTURE, THE PROPOSED METHOD OF OPERATION 6 AND OUTLET, AND HOW HISTORICAL DRAINAGE IS TO BE MAINTAINED. 7 (D) A DRAINAGE DISTRICT MAY BE CONSOLIDATED WITH ANY ESTAB- 8 LISHED DRAINAGE DISTRICT OR HAVE LANDS ADDED OR DELETED. THE 9 CONSOLIDATION, ADDITION, OR DELETION SHALL OTHERWISE COMPLY WITH 10 SECTION 277A RELATIVE TO DISPOSITION OF FUNDS AND PAYMENT OF OUT- 11 STANDING DEBT. THE LANDOWNERS OF ANY LANDS BEING PETITIONED FOR 12 CONSOLIDATION, ADDITION, OR DELETION AND THE PUBLIC CORPORATIONS 13 IN WHICH THOSE LANDS ARE LOCATED SHALL BE GIVEN NOTICE OF THE 14 PROPOSED CONSOLIDATION, ADDITION, OR DELETION. 15 (2) IT IS NOT NECESSARY FOR THE PETITIONERS TO DESCRIBE THE 16 DRAIN OTHER THAN BY ITS NAME OR BY ITS COMMENCEMENT, GENERAL 17 ROUTE, AND TERMINUS. ONLY 1 PETITION AND PROCEEDING IS NECESSARY 18 FOR ANY OF THE MEASURES DESCRIBED IN SUBSECTION (1). 19 (3) THE PETITION SHALL BE SIGNED BY 5 LANDOWNERS IN THE 20 DRAINAGE DISTRICT WHOSE LANDS WOULD BE LIABLE TO ASSESSMENT FOR 21 BENEFITS OR AT LEAST 50% OF THE LANDOWNERS IF THERE ARE LESS THAN 22 5 LANDOWNERS WHOSE LANDS WOULD BE LIABLE FOR ASSESSMENT OR SHALL 23 BE SIGNED BY LANDOWNERS REPRESENTING 25% OF THE LAND AREA LIABLE 24 FOR ASSESSMENT. THE PETITION SHALL BE ACCOMPANIED BY A DESCRIP- 25 TION OR TAX PARCEL CODE OF THE LAND IN THE DISTRICT OWNED BY EACH 26 SIGNER AND BY A CERTIFICATE OF THE COUNTY TREASURER OF THE COUNTY 27 WHERE THAT LAND IS LOCATED AS TO PAYMENT OF TAXES AND SPECIAL 00488'99 * 101 1 ASSESSMENTS AGAINST THE LAND IN A FORM DESCRIBED IN SECTION 101. 2 THE NAME OF ANY SIGNER AS TO WHOSE LAND A CERTIFICATE SHOWS TAXES 3 OR ASSESSMENTS UNPAID FOR 3 YEARS SHALL NOT BE COUNTED. THE 4 DRAIN COMMISSIONER SHALL DETERMINE THE ELIGIBILITY OF THE SIGNERS 5 TO THE PETITION BASED ON THEIR STATUS AS LANDOWNERS WHEN THE 6 PETITION WAS FILED. INSTEAD OF BEING SIGNED BY LANDOWNERS, A 7 PETITION MAY BE SIGNED AS PROVIDED IN SECTION 14 ON BEHALF OF AT 8 LEAST 1 PUBLIC CORPORATION, IF THE DRAIN PROJECT IS NECESSARY FOR 9 THE PUBLIC HEALTH IN THE PUBLIC CORPORATION, AND IF THE PUBLIC 10 CORPORATION WILL BE LIABLE FOR AN ASSESSMENT AT LARGE AGAINST IT 11 FOR A PERCENTAGE OF THE COST OF THE PROPOSED DRAIN. 12 (4) FOR PURPOSES OF NOTICE UNDER SECTION 8, THE DRAINAGE 13 BOARD SHALL EVALUATE THE DRAINAGE DISTRICT BOUNDARIES AND IDEN- 14 TIFY ANY ADDITIONAL LANDOWNERS WHO MAY BE SUBJECT TO ASSESSMENTS 15 FOR THE DRAIN PROJECT. PROCEEDINGS SHALL OTHERWISE BE CONDUCTED 16 IN THE SAME MANNER AS PROVIDED IN SECTIONS 102 TO 113. THE 17 DETERMINATION OF NECESSITY SHALL BE FOR THE ACTIVITIES PETITIONED 18 UNDER THIS SECTION, NOT FOR THE DRAIN OR DRAINAGE DISTRICT IN 19 GENERAL. THE APPORTIONMENT OF BENEFITS IS SUBJECT TO SECTION 20 201. AFTER THE DRAINAGE BOARD DETERMINES THE NECESSITY FOR THE 21 WORK, THE COMMISSIONER SHALL, AS SOON AS PRACTICABLE AFTER THE 22 FINAL ORDER OF DETERMINATION PRESCRIBED IN SECTION 151 IS FILED, 23 PROCEED AS PROVIDED IN SECTIONS 151 TO 161. IF THE APPORTIONMENT 24 IS THE SAME AS THE LAST RECORDED APPORTIONMENTS, NO DAY OF REVIEW 25 IS NECESSARY, BUT IN OTHER CASES THE COMMISSIONER SHALL PROCEED 26 AS PROVIDED IN SECTIONS 151 TO 161, INCLUDING THE NOTICE OF AND 27 THE HOLDING OF A DAY OF REVIEW. 00488'99 * 102 1 (5) IF THE PROPOSED DRAIN IS LOCATED IN A WATERSHED 2 MANAGEMENT DISTRICT FOR WHICH A WATERSHED MANAGEMENT PLAN HAS 3 BEEN ADOPTED UNDER SECTION 595, THE DRAINAGE BOARD SHALL UNDER- 4 TAKE THE ACTIVITIES PETITIONED UNDER THIS SECTION CONSISTENT WITH 5 THE WATERSHED MANAGEMENT PLAN. 6 Sec. 199. (1)In case the necessity for cleaning out any7drain arises from the act or neglect of any land owner, said act8or neglect shall be taken into consideration by the commissioner9in making the apportionment. In case the cost of cleaning out10shall be lessened by the tiling of the source of the drain under11section 425 of this act, the commissioner may take that into con-12sideration in making the apportionment of benefits against the13land so tiled, but in no case shall said benefits be considered14to be less than 50% of the benefits to such land if it were not15tiled. Should there be a surplus in any drain fund, the commis-16sioner or drainage board, as the case may be, may, in their dis-17cretion, without application or notice, pay out of such funds a18reasonable compensation for cleaning out any obstruction that may19accumulate in the particular drain for which the fund was20raised.AN ANNUAL INSPECTION MAY BE MADE OF A DRAIN ESTABLISHED 21 UNDER THIS ACT. INSPECTION SHALL BE MADE ON A DRAIN LAID OUT AND 22 CONSTRUCTED UNDER THIS ACT UPON THE REQUEST OF THE GOVERNING BODY 23 OF A PUBLIC CORPORATION SERVED IN WHOLE OR IN PART BY THE DRAIN 24 TO BE INSPECTED. FOR A DRAIN CONSTRUCTED, IMPROVED, OR RESTORED 25 TO THE LAST ESTABLISHED DEPTH BOTTOM WIDTH AND GRADE AFTER THE 26 EFFECTIVE DATE OF THE 2000 AMENDATORY ACT THAT AMENDED THIS 00488'99 * 103 1 SECTION, AN INSPECTION AND REPORT SHALL BE MADE AT LEAST EVERY 3 2 YEARS FROM THE DATE OF THE COMPLETION OF THE CONSTRUCTION. 3 (2) WITHIN 2 YEARS AFTER THE EFFECTIVE DATE OF THE 2000 4 AMENDATORY ACT THAT AMENDED THIS SECTION, IF A DRAIN COMMISSIONER 5 OR DRAINAGE BOARD DETERMINES THAT A DRAIN SUBSTANTIALLY CONFORMS 6 TO ITS LAST ESTABLISHED DEPTH, BOTTOM WIDTH, AND GRADE, THE DRAIN 7 COMMISSIONER OR DRAINAGE BOARD MAY ENTER AN ORDER THAT AN INSPEC- 8 TION AND REPORT ON THE DRAIN SHALL BE MADE AT LEAST EVERY 3 YEARS 9 FROM THE DATE OF THE ORDER. NOTICE OF THE ORDER SHALL BE GIVEN 10 IN THE MANNER PROVIDED IN SECTION 8 AND SHALL EXPLAIN THAT THE 11 DRAIN WILL BE REGULARLY INSPECTED AND MAINTAINED AND THAT LAND- 12 OWNERS MAY BE SUBJECT TO ASSESSMENTS FOR DRAIN MAINTENANCE. 13 (3) FOR COUNTY DRAINS, THE INSPECTION SHALL BE MADE BY THE 14 DRAIN COMMISSIONER, OR A COMPETENT PERSON APPOINTED BY THE DRAIN 15 COMMISSIONER. FOR INTERCOUNTY DRAINS, THE INSPECTION SHALL BE 16 CAUSED TO BE MADE BY THE DRAINAGE BOARD. THE FAILURE TO INSPECT 17 AS REQUIRED BY THIS SECTION DOES NOT CREATE A DEFECT INVALIDATING 18 THE DRAIN OR AN ASSESSMENT. 19 (4) IF THE DRAIN COMMISSIONER OR DRAINAGE BOARD DETERMINES 20 BASED ON THE INSPECTION REPORT THAT MAINTENANCE IS NECESSARY ON 21 THE DRAIN, THE DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL PERFORM 22 MAINTENANCE IN A TIMELY MANNER. IF THE DRAIN COMMISSIONER OR 23 DRAINAGE BOARD DETERMINES BASED ON THE INSPECTION REPORT THAT 24 DETERIORATED STRUCTURES MAY HAVE DIMINISHED THE CAPACITY OF THE 25 DRAIN OR BECOME UNSTABLE OR UNSAFE, THE DRAIN COMMISSIONER OR 26 DRAINAGE BOARD SHALL RETAIN A COMPETENT ENGINEER TO EVALUATE THE 00488'99 * 104 1 DETERIORATION AND MAKE RECOMMENDATIONS CONCERNING MAINTENANCE OR 2 REPLACEMENT OF THE STRUCTURES. 3 (5) IF AT ANY TIME THE DRAIN FUND OF A DRAINAGE DISTRICT 4 CONTAINS LESS THAN $5,000.00 PER MILE OR FRACTION OF A MILE OF A 5 DRAIN, THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY ASSESS THE 6 DRAINAGE DISTRICT FOR AN AMOUNT NOT TO EXCEED $2,500.00 PER MILE 7 OR FRACTION OF A MILE IN ANY 1 YEAR BASED ON APPORTIONMENTS AS 8 DESCRIBED IN SECTION 201. THE AMOUNT COLLECTED UNDER AN ASSESS- 9 MENT SHALL BE DEPOSITED IN THE DRAIN FUND OF A DRAINAGE DISTRICT 10 FOR NECESSARY INSPECTION, REPAIR, AND MAINTENANCE OF THE DRAIN. 11 (6) IF AN INSPECTION DISCLOSES THE NECESSITY OF EXPENDING 12 MONEY FOR THE MAINTENANCE AND REPAIR OF A DRAIN IN ORDER TO KEEP 13 IT IN WORKING ORDER, THE DRAIN COMMISSIONER FOR A COUNTY DRAIN, 14 OR THE DRAINAGE BOARD FOR AN INTERCOUNTY DRAIN, MAY WITHOUT PETI- 15 TION EXPEND AN AMOUNT NOT TO EXCEED IN ANY 1 YEAR $5,000.00 PER 16 MILE OR FRACTION OF A MILE FOR MAINTENANCE OR REPAIR OF A DRAIN. 17 THE DETERMINATION OF THE MAXIMUM EXPENDITURE ALLOWED WITHOUT 18 PETITION OR RESOLUTION SHALL BE BASED ON THE TOTAL NUMBER OF 19 MILES OF THE DRAIN AND NOT ON THE ACTUAL NUMBER OF MILES OR LOCA- 20 TION OF THE MAINTENANCE OR REPAIR. 21 (7) IF THE DRAIN COMMISSIONER OR THE DRAINAGE BOARD FINDS IT 22 NECESSARY TO EXPEND FUNDS IN EXCESS OF $5,000.00 PER MILE OR PER 23 FRACTION OF A MILE, IN ANY 1 YEAR FOR THE MAINTENANCE OR REPAIR 24 OF A DRAIN, THE ADDITIONAL AMOUNTS SHALL NOT BE EXPENDED UNTIL 1 25 OF THE FOLLOWING IS SATISFIED: 00488'99 * 105 1 (A) IF A PUBLIC CORPORATION IS AFFECTED BY MORE THAN 20% OF 2 THE COST OF THE MAINTENANCE, THE GOVERNING BODY OF EACH SUCH 3 PUBLIC CORPORATION APPROVES THE EXPENDITURE. 4 (B) IF NO PUBLIC CORPORATION IS AFFECTED BY MORE THAN 20% OF 5 THE COST OF THE MAINTENANCE, THE DRAIN COMMISSIONER OR DRAINAGE 6 BOARD GIVES NOTICE OF THE MAINTENANCE TO BE PERFORMED AND THE 7 ESTIMATED COST TO THE PERSONS LIABLE FOR ASSESSMENTS FOR THE 8 DRAIN. 9 (C) IF THE MAINTENANCE OR REPAIR IS REQUESTED BY AND THE 10 ENTIRE ADDITIONAL COST IS PAID FOR BY A PUBLIC CORPORATION, PRI- 11 VATE CORPORATION, OR OTHER PERSON. 12 (8) IN DETERMINING WHETHER OR NOT A PUBLIC CORPORATION IS 13 AFFECTED BY MORE THAN 20% OF THE COST, THE DRAIN COMMISSIONER OR 14 DRAINAGE BOARD SHALL CONSIDER THE TOTAL OF THE AT LARGE PERCEN- 15 TAGES OF THE APPORTIONMENT TOGETHER WITH THE TOTAL PERCENTAGE OF 16 LAND APPORTIONED. 17 (9) IF THE DRAIN FUND OF A DRAINAGE DISTRICT DOES NOT CON- 18 TAIN SUFFICIENT FUNDS, OR THE DISTRICT IS OBLIGATED TO REPAY OUT- 19 STANDING INDEBTEDNESS TO PAY FOR INSPECTION, REPAIR, AND MAINTE- 20 NANCE, THE DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL ASSESS THE 21 DRAINAGE DISTRICT ACCORDING TO BENEFITS RECEIVED. A REASSESSMENT 22 SHALL BE MADE AND SPREAD UPON THE CITY OR TOWNSHIP TAX ASSESSMENT 23 ROLLS WITHIN 3 YEARS AFTER THE COMPLETION OF THE INSPECTION, 24 REPAIR, AND MAINTENANCE. IF THE TOTAL ESTIMATED EXPENDITURE WILL 25 EXCEED $5,000.00 PER MILE OR A FRACTION OF A MILE, ALL LANDOWNERS 26 AND PUBLIC CORPORATIONS WITHIN THE DISTRICT OR ABUTTING THE DRAIN 27 SHALL RECEIVE NOTICE FOR THE NATURE AND TYPE OF MAINTENANCE TO BE 00488'99 * 106 1 CONDUCTED BEFORE THE COMMENCEMENT OF WORK BY FIRST-CLASS MAIL AND 2 BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION. AN AFFIDA- 3 VIT OF MAILING SHALL BE MADE BY THE DRAIN COMMISSIONER OR DRAIN- 4 AGE BOARD. THE AFFIDAVIT IS CONCLUSIVE PROOF THAT THE NOTICES 5 REQUIRED BY THIS SUBSECTION WERE MAILED. THE FAILURE TO RECEIVE 6 NOTICES BY MAIL SHALL NOT CONSTITUTE A JURISDICTIONAL DEFECT 7 INVALIDATING A SPECIAL ASSESSMENT IF NOTICE BY PUBLICATION WAS 8 GIVEN AS REQUIRED BY THIS SUBSECTION. 9 (10) AN ASSESSMENT FOR THE ACTUAL COST OF INSPECTION, 10 REPAIR, AND MAINTENANCE PERFORMED ON A DRAIN, OR AN ASSESSMENT TO 11 BE DEPOSITED IN THE DRAIN FUND OF A DRAINAGE DISTRICT, SHALL BE 12 MADE ACCORDING TO BENEFITS RECEIVED. 13 (11) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, IF AN 14 EMERGENCY CONDITION EXISTS WITHIN THE DRAINAGE DISTRICT THAT 15 ENDANGERS THE PUBLIC HEALTH, SAFETY, OR WELFARE, CROPS, OR PROP- 16 ERTY, THE DRAIN COMMISSIONER OR THE DRAINAGE BOARD MAY EXPEND 17 FUNDS FOR MAINTENANCE AND REPAIR TO ALLEVIATE THE EMERGENCY 18 CONDITION. BEFORE THE COSTS INCURRED FOR ELIMINATING AN EMER- 19 GENCY CONDITION ARE ASSESSED, THE DRAIN COMMISSIONER OR DRAINAGE 20 BOARD SHALL FILE IN THE RECORDS OF THE DRAINAGE DISTRICT A WRIT- 21 TEN STATEMENT DESCRIBING THE EMERGENCY CONDITION. 22 (12) IN COMPUTING AMOUNTS UNDER THIS SECTION, THE COST OF 23 WORK TO BE PERFORMED BY A FEDERAL AGENCY OR PUBLIC CORPORATION 24 THAT IS NOT CHARGEABLE TO THE COUNTY OR INTERCOUNTY DRAINAGE DIS- 25 TRICT SHALL NOT BE INCLUDED, NOR SHALL IT BE NECESSARY FOR THE 26 DRAIN COMMISSIONER OR THE DRAINAGE BOARD TO ADVERTISE FOR BIDS 27 FOR THAT PORTION OF THE WORK TO BE DONE BY THE FEDERAL AGENCY OR 00488'99 * 107 1 PUBLIC CORPORATION. INSPECTION, ENGINEERING, LEGAL, OR 2 CONSULTANT FEES SHALL NOT BE INCLUDED IN AMOUNTS COMPUTED UNDER 3 THIS SECTION. 4 (13) FOR PURPOSES OF THIS ACT, THE COSTS OF MAINTENANCE 5 ASSESSABLE AGAINST A DRAINAGE DISTRICT INCLUDE ALL OF THE 6 FOLLOWING: 7 (A) THE COSTS INCURRED BY THE DRAIN COMMISSIONER OR DRAINAGE 8 BOARD FOR INSPECTION OR PROFESSIONAL CONSULTATION FEES AND CON- 9 TRACTUAL SERVICES. 10 (B) CONTRACTUAL EXPENSES RELATED TO THE LEVYING AND COLLEC- 11 TION OF SPECIAL ASSESSMENTS FOR THE WORK PERFORMED. 12 (C) ALL OTHER COSTS ASSOCIATED WITH MAINTENANCE OF THE 13 DRAIN. 14 (14) THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY ENTER INTO 15 A WRITTEN AGREEMENT WITH A LANDOWNER TO ENTER UPON PROPERTY FOR 16 PURPOSES OF REMOVING AN OBSTRUCTION IN A WATERCOURSE THAT IS NOT 17 AN ESTABLISHED COUNTY OR INTERCOUNTY DRAIN, IF THE WATERCOURSE IS 18 AN OUTLET OF A COUNTY OR INTERCOUNTY DRAIN. THE COSTS ATTENDANT 19 TO THE ACCESS OF PROPERTY AND REMOVAL OF THE OBSTRUCTION MAY BE 20 ASSESSED AGAINST THE DRAINAGE DISTRICT. 21 (15) IF THE COST OF MAINTENANCE AND REPAIR OF A DRAIN 22 INCLUDES UTILITY CHARGES OR COSTS TO SERVICE PUMPING STATIONS, 23 SEWAGE TREATMENT FACILITIES, OR RETENTION BASINS, THE LIMITATION 24 ON THE AMOUNT OF EXPENDITURES IN SUBSECTIONS (6) TO (9) DOES NOT 25 APPLY EXCEPT THAT THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY 26 LEVY SUFFICIENT SPECIAL ASSESSMENTS TO PAY THE CHARGES OR COSTS 00488'99 * 108 1 BUT NOT MORE THAN THE AMOUNT SUFFICIENT TO PAY THOSE CHARGES OR 2 COSTS. 3 (16) THE SALARIES, EXPENSES, AND FRINGE BENEFITS OF CLERI- 4 CAL, ADMINISTRATIVE, AND ENGINEERING EMPLOYEES OF THE DRAIN COM- 5 MISSIONER OR DRAINAGE BOARD WORKING INCIDENTAL TO THE OPERATION, 6 REPAIR, OR MAINTENANCE OF A DRAIN SHALL BE CHARGEABLE TO AND PAID 7 AS BUDGETED FROM THE COUNTY GENERAL FUND AND NOT CHARGEABLE TO OR 8 BY THE DRAIN FUND OF A DRAINAGE DISTRICT. 9 Sec. 200. (1)In lieu of assessing the cost of the mainte-10nance and repair of any drain to parcels of land in the drainage11district within any city, village, township, charter township or12county, the commissioner or drainage board may contract relative13to such cost with any city, village, township, charter township14or county in which the drain, or any part thereof, is located, or15whose residents use the drain for drainage or for the transporta-16tion of sewage. In the contract any city, village, township,17charter township or county may agree (1) to pay annually to the18commissioner or the drainage board certain sums for the cost of19maintenance and repair of any drain and for the creation of a20reserve fund therefor, or (2) to provide such sums periodically21as needed, or (3) to reimburse the commissioner or drainage board22for all sums expended for maintenance and repair, or (4) for any23combination of the foregoing. The contract shall be approved and24its execution authorized by a resolution adopted by the legisla-25tive body of the city, village, township, charter township or26county and shall be executed by the commissioner or drainage27board on behalf of the drainage district. The city, village,00488'99 * 109 1township, charter township or county may fulfill its obligation2to pay in accordance with the terms of the contract out of its3general funds, service charges to its residents, or any other4legally available funds. The contract shall specify the manner5in which the obligation to pay shall be fulfilled.IF A NEW DIS- 6 TRICT IS LAID OUT AND INCLUDES ADDED LANDS, INCLUDING LANDS IN A 7 COUNTY WHICH WAS NOT A PART OF AN ORIGINAL INTERCOUNTY DRAINAGE 8 DISTRICT, THE DRAIN COMMISSIONER FOR A COUNTY DRAIN, OR THE 9 CHAIRPERSON OF THE DRAINAGE BOARD, SHALL NOTIFY THE BOARD OF 10 DETERMINATION OR DRAINAGE BOARD THAT ALLOWED THE PETITION, THAT 11 THE LAND SHOULD BE ADDED TO THE DISTRICT. THE DRAIN COMMISSIONER 12 OR CHAIRPERSON OF THE DRAINAGE BOARD SHALL CALL A MEETING OF THE 13 BOARD OF DETERMINATION. IF A MEMBER OF THE BOARD OF DETERMINA- 14 TION IS DISQUALIFIED OR UNABLE TO ACT, THEN THE MEMBER'S PLACE 15 SHALL BE FILLED BY APPOINTMENT AS IN THE FIRST INSTANCE. THE 16 NOTICE SHALL COMPLY WITH SECTION 8, AND BE FORWARDED TO THE LAND- 17 OWNERS AND PUBLIC CORPORATIONS IN THE DISTRICT AS IF LANDS WERE 18 ADDED. ALL EXPENSE OF NOTIFICATION SHALL BE PAID BY THE DRAINAGE 19 DISTRICT. 20 (2) AT THE TIME, DATE, AND PLACE DESIGNATED BY THE DRAIN 21 COMMISSIONER OR THE CHAIRPERSON OF THE DRAINAGE BOARD, THE BOARD 22 OF DETERMINATION OR DRAINAGE BOARD SHALL RECONVENE. UPON RECON- 23 VENING, IF THE BOARD OF DETERMINATION OR DRAINAGE BOARD BY A 24 MAJORITY VOTE OF MEMBERS FINDS THE PROPOSED ADDITION OF THE LAND 25 TO THE DRAINAGE DISTRICT NECESSARY OR CONDUCIVE TO THE PUBLIC 26 HEALTH, CONVENIENCE, OR WELFARE, THE BOARD OF DETERMINATION SHALL 00488'99 * 110 1 MAKE AN ORDER TO THAT EFFECT AND FILE THE ORDER WITH THE DRAIN 2 COMMISSIONER OR DRAINAGE BOARD. 3 SEC. 201. ALL APPORTIONMENTS UNDER THIS CHAPTER SHALL BE 4 MADE ACCORDING TO THE BENEFITS DERIVED AND SHALL BE SUBJECT TO 5 APPEAL IN THE SAME MANNER AS PROVIDED IN CHAPTER 7. IF THE 6 APPORTIONMENT IS THE SAME AS THE LAST RECORDED APPORTIONMENT, NO 7 DAY OF REVIEW IS NECESSARY. IF THE APPORTIONMENT IS CHANGED, OR 8 IF AN APPORTIONMENT IS MADE IN A CONSOLIDATED DISTRICT WHICH 9 APPORTIONS BENEFITS BETWEEN LANDS THAT WERE NOT PREVIOUSLY 10 ASSESSED BY THE CONSOLIDATED DISTRICT, THE PROCEDURE SHALL BE AS 11 PROVIDED UNDER CHAPTER 7, INCLUDING THE NOTICE OF AND THE HOLDING 12 OF A DAY OF REVIEW. 13 CHAPTER 9.14 LETTING OF CONTRACTS.15 Sec. 221. (1)At the time and place fixed in the notice16therefor, the commissioner shall receive bids for the construc-17tion 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. THE 24 NOTICE SHALL ALSO INCLUDE INFORMATION CONCERNING PREQUALIFICA- 25 TIONS REQUIRED BY SUBSECTION (2). The commissioner OR THE DRAIN- 26 AGE BOARD may in any case, and shall for alldrainsPROJECTS 27 having an estimated cost exceeding$5,000.00$10,000.00, 00488'99 * 111 1 advertise for sealed proposals, to be opened on the day of 2 letting. IF THE DRAIN COMMISSIONER OR DRAINAGE BOARD DOES NOT 3 ADVERTISE FOR PROPOSALS, THE DRAIN COMMISSIONER OR DRAINAGE BOARD 4 SHALL SOLICIT 2 OR MORE ESTIMATES FOR THE COST OF THE CONSTRUC- 5 TION, MAINTENANCE, OR IMPROVEMENT FROM QUALIFIED CONTRACTORS. 6 HOWEVER, IF THE LANDOWNER OR DEVELOPER IS PAYING THE ENTIRE COST 7 OF THE CONSTRUCTION, MAINTENANCE, OR IMPROVEMENT AND THE CONTRAC- 8 TOR CHOSEN BY THE LANDOWNER OR DEVELOPER IS ACCEPTABLE TO THE 9 DRAIN COMMISSIONER OR DRAINAGE BOARD, THE DRAIN COMMISSIONER OR 10 DRAINAGE BOARD IS NOT REQUIRED TO ADVERTISE FOR SEALED PROPOSALS 11 OR TO SOLICIT ESTIMATES. A CONTRACTOR SO ACCEPTED SHALL ENTER 12 INTO A CONTRACT WITH THE COMMISSIONER OR DRAINAGE BOARD, AND THE 13 CONTRACT SHALL BE ADMINISTERED BY THE COMMISSIONER OR DRAINAGE 14 BOARD. 15 (2) All sealed proposals received by the commissioner OR 16 DRAINAGE BOARD shall be publicly opened byhimTHE COMMISSIONER 17 OR THE DRAINAGE BOARD in the meeting and may be there examined by 18 any person interested. As soon as practical after the opening of 19 bids for the construction of any drain, the commissioner shall 20 determine the lowest responsible bidder and award contracts, or 21he mayreject all proposals and readvertise as in the first 22 instance., and in cases where the commissioner determined that23the taxes assessed for benefits shall be collected in more than 124installment, he shall, subject to the provisions set forth in25section 275 of this act, determine the amount, form, maturity and26rate of interest of bonds to be issued. In counties having a27board of county auditors no drain bonds shall be sold and no00488'99 * 112 1drain contracts let without the written consent and approval of2the board of county auditors, but the approval of said board3shall not be required in proceedings relative to intercounty4drains.5 (3) IF A DRAIN COMMISSIONER'S OFFICE HAS THE AVAILABLE 6 EQUIPMENT AND MANPOWER TO PERFORM THE NECESSARY MAINTENANCE PRO- 7 VIDED PURSUANT TO SECTION 199, THE MAINTENANCE MAY BE PERFORMED 8 BY THE DRAIN COMMISSIONER WITHOUT THE ADVERTISING FOR SEALED BIDS 9 AS SET FORTH IN SUBSECTION (1). 10 (4) THE DRAIN COMMISSIONER OR DRAINAGE BOARD, IN CONSULTA- 11 TION WITH AN ENGINEER, MAY ESTABLISH PREQUALIFICATIONS FOR A PRO- 12 SPECTIVE CONTRACTOR TO SUBMIT A BID FOR THE CONSTRUCTION OF THE 13 DRAIN, CONSISTENT WITH 1933 PA 170, MCL 123.501 TO 123.508. 14 PREQUALIFICATIONS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, EXPER- 15 TISE, FINANCIAL SOLVENCY, EXPERIENCE, OR EQUIPMENT. 16 PREQUALIFICATION SHALL BE DETERMINED BEFORE ADVERTISEMENT FOR 17 BIDS. THE NOTICE SHALL INDICATE THAT PREQUALIFICATIONS ARE 18 APPLICABLE AND WHERE THE PREQUALIFICATIONS CAN BE REVIEWED BY THE 19 PROSPECTIVE CONTRACTOR. 20 (5) THIS ACT DOES NOT PROHIBIT THE DRAIN COMMISSIONER OR 21 DRAINAGE BOARD FROM CONTRACTING WITH AN ENGINEER OR CONTRACTOR TO 22 PERFORM BOTH THE DESIGN AND CONSTRUCTION OF A DRAIN PROJECT IF 23 SUCH CONTRACTING IS IN THE BEST INTEREST OF THE DRAINAGE 24 DISTRICT. 25 (6) IfnoA contractshall beIS NOT let within52 26 years after the date of filing the petition tolocate, establish27and construct, or deepen, widen, straighten, title, extend or00488'99 * 113 1clean outESTABLISH A DRAINAGE DISTRICT AND ESTABLISH AND 2 CONSTRUCT A DRAIN OR TO MAINTAIN OR IMPROVE a drain, the drain 3 commissioner may determine that the petition shall bedeemed4 CONSIDERED abandoned andnoISSUE AN ORDER TO THAT EFFECT. NO 5 further action shall be taken to construct the drain. Time 6 during whichanylitigationshall beIS pending to contest 7 the validity of such proceedings shall not be counted as a part 8 ofsuch 5-yearTHE 2-YEAR period.If the drain commissioner9determines the petition shall be abandoned, he shall issue his10order to that effect; provided, that such determination of aban-11donment shall not be issued within the 5-year period.Notice of 12 the order shall be given by publishing a notice in a newspaper of 13 general circulation in the county.The provisions of thisTHIS 14 sectionshall applyAPPLIES to all petitions which are in full 15 force and effect on thedate of January 1, 1973, or thereafter16 EFFECTIVE DATE OF THE 2000 AMENDATORY ACT THAT AMENDED THIS 17 SECTION. 18 (7) The board of county road commissioners,whenIF autho- 19 rized bya committee of supervisors appointed bythe COUNTY 20 board ofsupervisorsCOMMISSIONERS,is hereby authorized to21 MAY bid for the construction, cleaning, deepening, and widening 22 of drains within the county, and, ifsuchTHE bid is accepted, 23 shallbe authorized toperform the work called forthereinIN 24 THE BID, and MAY receive paymentthereforFOR THE WORK.A bid25tendered by such board of county road commissioners shall not be26accepted unless such bid shall be at least 15% lower than any27other bid tendered.ThemoneysMONEY received by the county 00488'99 * 114 1 road commission shall be credited to the county road fund, and 2 expenditures incurred by the county road commissionshall beIN 3 PERFORMING THE WORK ARE proper disbursements therefrom. 4 Sec. 222.The commissioner shall first let the section at5the outlet of the drain and shall let each remaining section in6its order up stream: Provided, That theTHE commissioner OR 7 DRAINAGE BOARD mayletRECEIVE BIDS FOR the drain in sections 8 or as a whole, whichever appears tohimBE the most practical. 9: Provided further, That theTHE commissioner OR DRAINAGE 10 BOARD shall reserve the right to reject any and all bids or pro- 11 posals FOR A SECTION OF THE DRAIN and proceed tolet said12 RECEIVE BID PROPOSALS FOR THE drain in its entirety., andTHE 13 COMMISSIONER OR DRAINAGE BOARD may adjournsuchTHE letting in 14thewhole or in part, from time to time, to such other time15or place to be by him at the time of such adjournment publicly16announced as shall to him seem proper, but not in all more than1740 90 days from and after the time of letting as first18advertised.TO ANOTHER PLACE OR TIME NOT MORE THAN 91 DAYS AFTER 19 THE DAY OF LETTING BIDS AS FIRST ADVERTISED. NOTICE OF THE 20 ADJOURNED MEETING SHALL BE GIVEN AS PROVIDED IN SECTION 8. 21 Sec. 223. (1) A deposit in the form of a CASHIER'S CHECK, 22 certified check,or its equivalentCASH, BANK MONEY ORDER, OR 23 BID BOND FROM A SURETY AUTHORIZED TO DO BUSINESS IN THIS STATE in 24 the amount that the commissioner OR DRAINAGE BOARD considers rea- 25 sonable may be required with each bid, whether on opening bidding 26 or sealed proposals, as evidence of good faith and to reimburse 27 the districtin the event of failure on the part ofIF the 00488'99 * 115 1 successful bidder FAILS to execute the necessary contracts or to 2 furnish the required security or indemnity insurance. A BID BOND 3 OF THE SUCCESSFUL BIDDER, OTHER THAN A BID BOND FROM A SURETY, 4 SHALL BE DEPOSITED WITH THE TREASURER OF THE DRAINAGE DISTRICT. 5 IF THE BID BONDS ARE HELD MORE THAN 63 DAYS, THE TREASURER OF THE 6 DRAINAGE DISTRICT SHALL PAY TO THE BIDDER INTEREST ACTUALLY 7 EARNED FROM THE DATE OF DEPOSIT ON A BID BOND, OTHER THAN A BID 8 BOND FROM A SURETY. If the successful bidder does not execute the 9 proper contracts or furnish the security or indemnity insurance 10 required of him or herwithin 10NOT MORE THAN 14 days after 11 the acceptance of his or her bid, then the commissioner OR DRAIN- 12 AGE BOARD may retain the deposit as stipulated damages for the 13 nonexecution of the contract and proceed to advertise for and let 14 the job anew. If the successful bidder furnishes the security or 15 indemnity insurance required and executes the required contracts, 16 then the deposit shall be returned to him or her. All money for- 17 feited to the commissioner OR DRAINAGE BOARD under this subsec- 18 tion shall be deposited with thecountytreasurer OF THE DRAIN- 19 AGE DISTRICT to the credit of the drainage district fund. 20 (2) The successful bidder shall,within the time stated in21subsection (1)NOT MORE THAN 14 DAYS AFTER THE ACCEPTANCE OF HIS 22 OR HER BID, file with the commissioner security considered neces- 23 sary by the commissioner guaranteeing that the contract will be 24 completed in accordance with the terms specified in the 25 contract. The security shall be in a sum fixed by the commis- 26 sioner, but shall not be less than the contract price. At the 00488'99 * 116 1 option of the commissioner, the security shall consist of 1 or 2 more of the following: 3 (a) Cash. 4 (b) Certified check. 5 (c) Performance bond executed by a surety company authorized 6 to do business in this state. 7 (d) Escrow agreement acceptable to the commissioner. 8 (e) Irrevocable letter of credit issued by a state or feder- 9 ally regulated financial institution. 10 (f) Personal surety acceptable to the commissioner. 11 (3) If a personal surety is used as security, the commis- 12 sioner shall require all of the following:conditions and13limitations:14 (a) That the personal surety be a contractor with the 15 experience and ability to perform and complete, in a timely 16 manner, the contractin the event of a default byIF the suc- 17 cessful bidder DEFAULTS. 18 (b) That the personal surety not act as the personal surety 19 for more than 1 other principal during the term of the contract 20 upon which he or she is giving security. 21 (c) That no more than 2 personal sureties be utilized as 22 security on any 1 contract. 23 (d) That, the personal surety provide financial information 24 requested by the commissioner and that, after a review of this 25 information, the commissioner be satisfied with the surety's 26 ability to perform the contract upon which he or she is giving 27 security. 00488'99 * 117 1 (e) That the personal surety provide to the commissioner a 2 list of contracts upon which the surety is required to perform, 3 naming the parties to each contract, the amount of each contract, 4 the work to be performed under each contract and the time during 5 which each contract is to be performed, and that the personal 6 surety revise this listing during the term of the contract upon 7 which he or she is giving security, adding or deleting informa- 8 tion as contracts are entered or completed. 9 (f) That the personal surety agree thatin the eventIF 10 the successful bidder defaults on the contract, the personal 11 surety shallenter onto the project andcomplete the project 12 pursuant to the terms of the contract within the time limitations 13 specified by the commissioner or pay to the drainage district the 14 amount of money specified by the commissioner as necessary to pay 15 another contractor to complete the contract. 16 (4) If a contract is not completed in accordance with its 17 written terms, the security provided to the commissioner shall be 18 used to complete the contract. 19 (5) In addition to the security required in subsection (2), 20 the commissioner OR DRAINAGE BOARD shall require the successful 21 bidder to furnisha bond orindemnity insurance AND MOTOR VEHI- 22 CLE INSURANCE in the sum required by the commissioner OR DRAINAGE 23 BOARD. Thisbond or indemnityinsurance shall run to the 24 people ofthe state of MichiganTHIS STATE and shall be main- 25 tained in full force and effect until the contract is terminated 26 to indemnify the commissioner AND DRAINAGE BOARD, the drainage 27 district, and the county or othermunicipalityPUBLIC 00488'99 * 118 1 CORPORATION against loss or damage resulting from injury to a 2 worker on the drain, or the negligence or carelessness of the 3 contractor in the construction of the drain. Indemnity insurance 4 that terminates by expiration or cancellation shall be replaced 5prior toBEFORE termination in the sum then required by the 6 commissioner OR DRAINAGE BOARD. THE COMMISSIONER OR DRAINAGE 7 BOARD SHALL ALSO REQUIRE THE SUCCESSFUL BIDDER TO FURNISH 8 WORKER'S COMPENSATION INSURANCE. 9 (6) The provisions of this section apply to contracts in 10 excess of $100,000.00. For all contracts equal to or less than 11 $100,000.00, the commissioner OR DRAINAGE BOARD may require 12 security thathe or sheTHE COMMISSIONER OR DRAINAGE BOARD con- 13 siders adequate and necessary, consistent with the provisions of 14 this section. 15 (7) The commissioner, at his or her option, may require the 16 provision of additional kinds of security. 17 CHAPTER 10.18 INSPECTION AND APPROVAL OF CONSTRUCTION AND PAYMENT FOR THE DRAIN 19.20 Sec. 241.NoA warrant,ordrain order, VOUCHER, OR 21 OTHER ORDER forthepayment of any part ofsuchA drain con- 22 tract shall NOT be drawn until the work has been inspected and 23 approved as herein provided. The commissionermayOR DRAINAGE 24 BOARD SHALL inspect and approve any tile or open drain, or he OR 25 SHE may designate any competent surveyor or engineer to make 26suchTHE inspection., but where theHOWEVER, IF THE COST OF 27 construction exceeds$3,000.00$10,000.00, the commissioner OR 00488'99 * 119 1 DRAINAGE BOARD shall designate a competent surveyor or engineer 2 to make the inspection.AnyTHE person makingsuchTHE 3 inspection shall see that the specifications in the contract are 4 fully complied with, and if the work is not in accordance with 5 the contract, the commissioner OR DRAINAGE BOARD shall immedi- 6 ately notify the contractor.thereof.If the workso inspected7shall conformCONFORMS to the contract, the person making the 8 inspection shall certify in writing to that fact and an order of 9 approval shallthereuponbe entered by the commissioner OR 10 DRAINAGE BOARD in his OR HER drain record, and notice of the 11 approval be given TO the contractor.The commissioner may issue12warrants or orders on the fund of any drain not exceeding 90% of13the amount earned on any contract after the certificate of14inspection and the order of approval is entered as herein15provided. The payment of the final 10% or any portion thereof on16any contract may be made after the certificate of inspection is17made attesting to the completion and is filed in the office of18the commissioner.PROGRESS PAYMENTS SHALL BE MADE CONSISTENT 19 WITH 1980 PA 524, MCL 125.1561 TO 125.1566. 20 Sec. 242. The commissionershall have power toOR DRAIN- 21 AGE BOARD MAY grant a reasonable extension of time for the com- 22 pletion ofanyA contract.When anyIF A contractshall not23beIS NOT finished within the time specified, or to which it may 24 be extended, the commissioner OR DRAINAGE BOARD shall declare 25suchTHE contract forfeited and shall, within a reasonable time 26 thereafter, relet the unfinished portionthereofto the lowest 27 responsible bidder, by public letting, after not less than57 00488'99 * 120 1 days' noticethereof, by posting only,IN THE SAME MANNER as 2 provided for the letting in the first instance, or by private 3 letting,when such can be done, at a price per rod for the4uncompleted portion thereof not exceeding the price per rod at5which the job was first let; and heIF PERMITTED BY LAW, AND THE 6 DRAIN COMMISSIONER OR DRAINAGE BOARD shall make contract and take 7 security in each case as herein provided. The cost of completing 8 such part over and above the contract price, if any, and the 9 expense of notice and reletting shall be collected by the commis- 10 sionerofOR DRAINAGE BOARD FROM the parties first contracting 11 oroftheir bondsman., which moneys, when soTHE MONEY col- 12 lected,shall be deposited with the county treasurer, and 13 placed to the credit of such drain. 14 Sec. 243.WheneverIF the amount assessed for the con- 15 struction ofanyA drainshall not beIS NOT sufficient to 16 complete thesame,DRAIN and to pay all the costs and inciden- 17 tal expenses or to pay the principal and interest on ANY bonds 18if such areissued, a further assessment shall be made to meet 19 the deficit or additional expense.SuchTHE further assessment 20 shall be apportioned, assessed, levied and collected as provided 21 in the first instance, and on the same percentage, and shall be 22 collected in 1 year, but there shall be no review ofnorOR 23 appeal fromsuchTHE further assessment.: Provided, That24whenever by reason of theHOWEVER, IF THE DEFICIENCY IS THE 25 RESULT OF embezzlement, FRAUD, or other wrongful actofBY any 26 county official orby reason of the conspiracy of any county27official with any other person or persons to defraud any drainage00488'99 * 121 1district, township or county, there shall be any deficiency as2aforesaid, the board of supervisorsTHE COUNTY BOARD OF 3 COMMISSIONERS of any county traversed by the drain may provide 4 for the payment, out of the general fund of the county, of all or 5 any part ofsuchTHE additional assessment as may be appor- 6 tioned to that part of the drainage district within such county, 7 or for the refunding totaxpayersTHE PERSONS ASSESSED of any 8 such assessment which may have been paid. 9 Sec. 244. (1)All ordersORDERS OR VOUCHERS for the pay- 10 ment for services rendered and work performed shall be drawn by 11 the commissioner OR DRAINAGE BOARD upon the drain fund of each 12 particular drain.In case of taxes assessed for benefits13received whichIF SPECIAL ASSESSMENTS are to be paid in 7 annual 14 installments or less, all orders for the payment for lands for 15 right-of-way shall be paid out of the first year'staxes16 SPECIAL ASSESSMENTS, and the balance ofsuchTHE first year's 17taxesSPECIAL ASSESSMENTS, if any, shall be applied pro rata 18 among theseveralcontractors in the payment of the contracts 19 for the construction of such drain. For the balance due upon 20 such contracts, the commissioner OR DRAINAGE BOARD shall draw 21 orders payable out of each succeeding year's assessment pro rata 22 among the several contractors.: Provided, That noHOWEVER, 23 THE commissioner OR DRAINAGE BOARD shall NOT draw orders payable 24 in anyone1 year for a larger amount thansaidTHE year's 25 assessment,except in cases whereUNLESS bonds AND NOTES are 26 issued and sold as provided by law.All drain00488'99 * 122 1 (2) DRAIN orders shall be drawn payable not sooner than the 2 fifteenth day of April nor later than the first day of August of 3 the year in which the draintaxes for the payment thereof4 SPECIAL ASSESSMENTS are required to be paid. If the drain fund 5 is insufficient forsuchTHIS purpose because of delinquency in 6 the payment of draintaxesSPECIAL ASSESSMENTS after the lands 7 on which thesaid taxes shall have becomeSPECIAL ASSESSMENTS 8 ARE delinquent have been offered for sale, in any such case9whereAND payment is made by the county treasurer out of the 10 general fund,and alldelinquent draintaxesSPECIAL ASSESS- 11 MENTS SUBSEQUENTLY received bysaidTHE treasurerthereafter12 shall be credited to the general fund until thesameGENERAL 13 FUND is reimbursed.In all cases whereIF bonds are issued and 14 soldas herein providedand the proceedsthereofare depos- 15 ited in the county treasury to the credit of the fund of the 16particulardrain, orders presented onsuchTHE fund shall be 17 paid out of the proceedsaforesaid,or out of the first annual 18 installment of thetaxesSPECIAL ASSESSMENTS.In no case19whereIF there are outstanding bonds,shallan order SHALL NOT 20 be paid out ofanyAN installment oftaxesSPECIAL 21 ASSESSMENTS collected other than the first. 22 Sec. 245. (1)All drainDRAIN orders OR VOUCHERS made by 23 the commissioner OR DRAINAGE BOARD shall state the services 24 rendered in brief form,AND shall be numbered and recorded and 25 signed by the commissioner OR DRAINAGE BOARD.SuchAN order, 26 when due, shall be presented to the countyclerk and he27 TREASURER. THE COUNTY TREASURER shall immediately ascertain 00488'99 * 123 1from the county treasurerif the particular fund on which 2saidTHE order is drawn is sufficient to paysaidTHE order. 3 IfsuchTHE fund is sufficient, the county treasurer shall so 4 certify on the back ofsaidTHE drain order and the county 5 clerk OR OTHER AUTHORIZED COUNTY OFFICER shall thereupon issue 6 the usual county warrant upon the county treasurer for the pay- 7 ment ofsaidTHE order, takingsaidTHE order so certified as 8 his OR HER voucher. IfsuchTHE particular fund is insuffi- 9 cient whensuchTHE order is presented for payment, the county 10 treasurer shall so certify uponsuchTHE order andsuchTHE 11 order shall then draw interest at the rateof 6% per annumPAID 12 ON 91-DAY UNITED STATES TREASURY NOTES from the date of presenta- 13 tion untilsuchTHE particular fund is sufficient to pay the 14same, said interest toORDER. THE INTEREST SHALL be computed 15 and paid with the principal out of the proper fund on which it 16 was drawn, when there are sufficient funds to pay thesame17 PRINCIPAL AND INTEREST. 18 (2) The county treasurer shall keep a record in which he OR 19 SHE shall note each drain order presented for payment on a drain 20 accountwhichTHAT was insufficient to paysuchTHE order on 21 the date of presentation. He OR SHE shall note in such record 22 the amount, number, drain account, and the date of original pre- 23 sentation for payment. When thereareIS sufficientmoneys24 MONEY in the particular drain account to pay the order, plus 25 interest, the county treasurer shall note the date ofsuchTHE 26 sufficiency onsuchTHE record and shall transfer sufficient 27moneysMONEY to paysuchTHE order and interest then due from 00488'99 * 124 1 the particular drain account and drain fund to a drain order 2 redemption fund and the drain order shall cease to earn interest 3 as of that date. Transfers to the drain order redemption fund 4 shall be made in the order of priority in which the drain orders 5 were originally presented for payment. Payment ofsuchTHE 6 orders, including interest,earned as provided herein,shall 7 thereafter be made by the county treasurer from the drain order 8 redemption fund. Drain orders at any time during the year in 9 which such drain order becomes due and payable and for a period 10 of3028 days prior to such year shall be accepted for the pay- 11 ment of drainagetaxesSPECIAL ASSESSMENTS. 12 (3) The county treasurer shall report to the commissioner OR 13 DRAINAGE BOARD the amount paid as interest onany and all such14 drain orders. The county treasurer shall at the first of each 15 month furnish the drain commissioner OR DRAINAGE BOARD with a 16 report ofalldrain orders cashed during the preceding month, 17 including the name of the drain upon which the order was drawn, 18 the amount, the number of the order, and the date of payment. 19 Sec. 247. The county drain commissioner OR DRAINAGE BOARD 20 acting under the provisions of this act may employ an attorney 21 whenhe deems the sameCONSIDERED necessary and any legal 22 expense shall be charged to theseveral drain districts in23behalf of which he shall be employed. All such expenses24 DRAINAGE DISTRICT. THE EXPENSE shall be paid out of the revolv- 25 ing drain fund which shall be reimbursed out of the first 26moneysMONEY available.: Provided, ThatHOWEVER, the board 27 ofsupervisorsCOMMISSIONERS by resolution maycauseREQUEST 00488'99 * 125 1 the prosecuting attorney to give such legal assistance as part of 2hisTHE duties OF THE PROSECUTING ATTORNEY. 3 CHAPTER 11.4 LEVY AND COLLECTION OFDRAIN TAXES.SPECIAL ASSESSMENTS 5 Sec. 261. Within1014 days after the letting of con- 6 tracts, or in case of an appeal,then forthwithIMMEDIATELY 7 aftersuchTHE appealshall have beenIS decided, the commis- 8 sioner OR DRAINAGE BOARD shall make a computation of the entire 9 cost ofsuchTHE drain,which shall include (1) all the10 INCLUDING, BUT NOT LIMITED TO, ALL OF THE FOLLOWING: 11 (A) THE expense oflaying out and designating the drainage12district, which item of expense shall include the entire13 ESTABLISHING THE DRAINAGE DISTRICT AND ESTABLISHING AND CON- 14 STRUCTING THE DRAIN, INCLUDING, BUT NOT LIMITED TO, THE cost of 15 the survey.; (2) the16 (B) THE expense oflocating,establishing and 17 constructing, MAINTAINING, OR IMPROVING the drain.; (3) the18fees and expenses of special commissioners; (4) the compensation19to be paid the board of review; (5) the20 (C) THE COSTS OF ACQUIRING PROPERTY UNDER SECTION 7. 21 (D) THE PER DIEM COMPENSATION, MILEAGE, AND EXPENSES TO BE 22 PAID TO MEMBERS OF BOARDS UNDER THIS ACT. 23 (E) THE COST ASSOCIATED WITH EVALUATION OF NATURAL RESOURCE 24 IMPACTS AND THE COSTS TO MINIMIZE THOSE IMPACTS. 25 (F) THE cost of construction of bridges and culverts.;26(6) the00488'99 * 126 1 (G) THE COSTS FOR ENGINEERS, SURVEYORS, AND OTHER 2 PROFESSIONALS. 3 (H) THE contracts for the construction of the drain, or 4 other work to be done onsaidTHE drain.; (7) the5 (I) THE estimated cost of an appeal in case the apportion- 6 ment made by the commissionershall not beOR DRAINAGE BOARD IS 7 NOT sustained.; (8) the8 (J) THE estimated cost of inspection.; (9) the9 (K) THE cost of publishing all notices required.; (10)10all fees11 (l) FEES of the probate judge,; (11) attorneyIF 12 APPLICABLE. 13 (M) ATTORNEY fees for legal services in connection with the 14 drain; and (12) interestPROJECT. 15 (N) INTEREST on bonds OR NOTES for the first year, if bonds 16 OR NOTES are to be issued., and he shall add the whole into a17gross sum and add thereto not18 (O) NOT less than 10%norOR more than 15%, at the discre- 19 tion of the drain commissioner OR DRAINAGE BOARD, ofsaid gross20sumTHE SUM OF THE COSTS UNDER SUBDIVISIONS (A) TO (N), to cover 21 contingent expenses., and the entire sum so ascertained shall22be deemed to be the cost of construction of such drain.23 Sec. 262. (1)The commissioner shall thereupon make a spe-24cial assessment roll for the drain for each county, township,25city, or village and each state trunk line highway affected26thereby, which roll shall be designatedAFTER THE COST OF A 27 COUNTY DRAIN IS COMPUTED UNDER SECTION 261, THE DRAIN 00488'99 * 127 1 COMMISSIONER SHALL MAKE A SPECIAL ASSESSMENT ROLL FOR THE DRAIN 2 FOR EACH MUNICIPALITY AND ROADWAY AFFECTED BY THE DRAIN. AFTER 3 THE COST OF AN INTERCOUNTY DRAIN IS COMPUTED UNDER SECTION 261, 4 THE DRAIN COMMISSIONER OF EACH COUNTY IN WHICH LANDS SUBJECT TO 5 ASSESSMENT FOR THE DRAIN ARE LOCATED SHALL MAKE A SPECIAL ASSESS- 6 MENT ROLL FOR THE DRAIN FOR EACH MUNICIPALITY AND ROADWAY 7 AFFECTED BY THE DRAIN IN THAT DRAIN COMMISSIONER'S COUNTY. THE 8 DRAIN COMMISSIONER MAKING THE ROLL SHALL DESIGNATE THE ROLL, 9 giving name or number, "drain special assessment roll". The com- 10 missioner shall enter on the roll a correct description of the 11 tracts, parcels, or subdivisions of land benefited by the drain 12 WHICH DESCRIPTION MAY BE MADE BY TAX PARCEL IDENTIFICATION NUMBER 13 IN COMPLIANCE WITH SECTION 152 and place opposite each descrip- 14 tion the amount of the percent heretofore determined upon by 15himTHE COMMISSIONER or by the board of review. The commis- 16 sioner shall also enter on the roll the amount of the percent 17 apportioned tothe county, for benefits to any county road, and18to the township, city, or village and the state highway commis-19sion, for benefits to any state trunk line highwayA ROAD 20 AUTHORITY FOR BENEFITS TO A ROADWAY, andin caseIF the amount 21beIS payable in installments,he shall also enter thereona 22 memorandum of the installments and of the year or years when the 23 installments shall be spread. The commissioner shall add a cer- 24 tificate in writing of the determination whether thetaxes25 SPECIAL ASSESSMENTS assessed for benefits shall be paid in 1 or 26 more years. The rolls shall be dated and signed by the 00488'99 * 128 1 commissioner and filed on or before the last Wednesday in 2 September in each year, in the office of the county clerk. 3 (2) The commissioner shall prepare ataxSPECIAL assess- 4 ment roll in each year for the collection oftaxesSPECIAL 5 ASSESSMENTS for the current year, and shall certify thesame6 ROLL to the county clerk on or before the first day of the annual 7 meeting of the county board of commissioners. In each roll, the 8 commissioner shall add to the amount to be collected,interest 9 on all unpaid installments to the date oftaxcollection, and 10 shall deduct from the amount to be collected by the county, vil- 11 lage, city, or township all amounts received from the proceeds or 12 income of property or an interest in property located in the 13 county, village, city, or township and acquiredthrough condem-14nation or the payment of damagesunder this act. To the roll 15 for the last year, the commissioner shall add a further amount, 16 if any, as may be necessary together with outstanding uncollected 17taxesSPECIAL ASSESSMENTS, to pay all outstanding bonds and 18 interest thereon to maturity. If the roll is made payable in 19 more than 1 installment, a permanent assessment roll may be main- 20 tained in the office of the county treasurer, subject to the 21 direction of theboard of county auditors, in counties having22such a board, and of the county board of commissioners in other23countiesCOUNTY BOARD OF COMMISSIONERS, showing the total cost, 24 the number of installments, and the amount of each annual assess- 25 ment, together with interest charges thereon, which shall be car- 26 ried in a separate column. 00488'99 * 129 1 (3) If the roll is made payable in more than 1 installment, 2 and the total amount of any assessment is $10.00 or less, 3 exclusive of interest, then that assessment shall be payable in 1 4 installment; but if the assessment exceeds the sum of $10.00 and 5 is made payable in more than 1 installment, then that install- 6 ment, exclusive of interest, shall not be less than the sum of 7 $10.00, excepting the final installment, which shall be payable 8 in the amount of the actual balance. 9 Sec. 263.It shall be the duty of theTHE supervisor,10 OR village or city assessor, toSHALL spread onhisTHE roll 11 the total amount of all draintaxesSPECIAL ASSESSMENTS deter- 12 mineduponby the county drain commissioner to be assessed upon 13 the county, township, city, or village at large by adding to the 14 county, township, city, or village tax for the year in which the 15sameDRAIN ASSESSMENT was assessed and extendingsaid taxTHE 16 DRAIN ASSESSMENT in the same column with the general county, 17 township, city, or village tax.: Provided, That in suchIN 18 villages or cities,of this state,where the municipal taxes 19thereforare assessed and collectedprior toBEFORE the 20 October meeting of the COUNTY board ofsupervisors, all taxes21 COMMISSIONERS, DRAIN ASSESSMENTS ordered to be spread against 22 such municipalities shall be spread during the calendar year fol- 23 lowingsuchTHE action by the COUNTY board ofsupervisors:24Provided further, That inCOMMISSIONERS. IN lieu of the addi- 25 tion ofsuch taxTHE DRAIN ASSESSMENT to the county, township, 26 city, or village tax, thelegislative body thereofGOVERNING 27 BODY OF THE MUNICIPALITY may in any year provide for the payment 00488'99 * 130 1 thereof from the general or contingent fund of such county, 2 township, city, or village.SuchTHE supervisor or assessor 3 shall also spread uponsaidTHE roll, separately, and immedi- 4 ately following the other descriptions, all tracts or parcels of 5 land specified by the commissioner to be assessed for benefits, 6 and shall place opposite each description, in a column marked, 7 "(giving the name or number) ...................... drain 8taxesSPECIAL ASSESSMENTS," the amount oftaxesASSESSMENTS 9 apportioned thereon, as certifiedto himby the county clerk. 10 Sec. 265.All drain taxesDRAIN SPECIAL ASSESSMENTS 11 assessed underthe provisions ofthis actshall beARE 12 subject to the same interest and charges, and shall be collected 13 in the same manner as state and other general taxes are col- 14 lected, and collecting officers are hereby vested with the same 15 power and authority in the collection ofsuch taxesTHE SPECIAL 16 ASSESSMENTS as are or may be conferred by law for collecting gen- 17 eral taxes. DraintaxesSPECIAL ASSESSMENTS, when collected, 18 shall be returned to the county treasurer to be disbursedby19him. In all cases whereWITHIN 14 DAYS OF RECEIPT UNLESS WAIVED 20 BY THE DRAIN COMMISSIONER TO SOME OTHER SPECIFIED TIME. ANY 21 INTEREST EARNED FROM THE TIME OF COLLECTION AND ACCOUNTING TO THE 22 DAY OF DELIVERY SHALL BE RETURNED TO EACH DRAIN FUND ON A PRO 23 RATA BASIS. IF suit is brought against the collector arising out 24 of the collection ofany drain taxA DRAIN SPECIAL ASSESSMENT, 25 the county shall defendsuchTHE officer in the same manner 26that he has now the right to be defended inAS IF THE SUIT 27 AROSE OUT OF the collection of general taxes.NoA suit shall 00488'99 * 131 1 NOT be instituted to recover any draintaxSPECIAL ASSESSMENT 2 or money paid or property soldthereforFOR A DRAIN SPECIAL 3 ASSESSMENT, or for damages on accountthereofOF A DRAIN SPE- 4 CIAL ASSESSMENT, unless brought within3028 days from the time 5 of payment ofsuchTHE money to, or sale of such property by, 6 the collecting officer.; and if such tax shall beIF THE SPE- 7 CIAL ASSESSMENT IS paid under protest, the reasonsthereforFOR 8 THE PROTEST shall be specified, and the same procedure observed 9 as is or may be required by the generaltax law. All taxes10 PROPERTY TAX ACT, 1893 PA 206, MCL 211.1 TO 211.157. SPECIAL 11 ASSESSMENTS levied underthe provisions ofthis act, with all 12 lawful costs, interest, and charges,shall be and remain a13perpetualARE A lien upon the lands upon which they are 14 assessed, and a personal claim against the owner or owners of 15 such lands until they are paid. 16 Sec. 266. If thetaxesSPECIAL ASSESSMENTS levied for the 17 construction,cleaning out, widening, deepening, straightening18or extendingMAINTENANCE, OR IMPROVEMENT ofanyA drain are 19 not collected by the township, city, or village treasurer, they 20 shallby himbe returned BY THAT TREASURER, together with the 21 lands upon which they were levied, to the county treasurer in the 22 same return, at the same time, and in the same manner, in every 23 respect (naming in each case the particular drain), as lands are 24 returned for state, county, and township taxes., and such25taxesDRAIN SPECIAL ASSESSMENTS shall followsuchTHE lands, 26 the same asall such otherDO PROPERTY taxes, andallMAY BE 27 COLLECTED IN THE SAME MANNER AS PROVIDED BY the general 00488'99 * 132 1 provisions of lawnow existing, or that may be hereafter2enactedfor enforcing the payment of township, county, and state 3 taxes., shall apply to such drain taxes, and to the lands4returned delinquent therefor, in the same manner and with like5effect.HOWEVER, THE TREASURER SHALL NOTIFY THE DRAIN COMMIS- 6 SIONER OF ALL LAND IN THE COUNTY THAT HAS BEEN RETURNED DELIN- 7 QUENT AND SUBJECT TO SALE SO THAT THE DRAIN COMMISSIONER OR 8 DRAINAGE BOARD MAY FILE AN AFFIDAVIT OF SPECIAL ASSESSMENT PEND- 9 ING AND SUBJECT TO COLLECTION BEFORE THE SALE OR REVERSION. 10 Sec. 267. After anytaxesSPECIAL ASSESSMENTS have been 11 assessed for theconstruction, location or establishment12 ESTABLISHMENT, CONSTRUCTION, MAINTENANCE, OR IMPROVEMENT of any 13 drain,no injunction shall issue to restrainthe spreading of 14 thesameASSESSMENTS upon the tax rollnor to restrainOR the 15 collectionthereof, nor shall the same be in any mannerOF THE 16 ASSESSMENTS SHALL NOT BE ENJOINED OR stayed, unless the amount of 17suchTHE assessmentshall first beHAS BEEN paid into the 18 township treasury to be appliedupon such tax, in case the court19in which the suit upon which injunction is tried shall so order20 TO THE ASSESSMENT UPON ORDER OF THE COURT. 21 Sec. 269. (1) THE COLLECTION OF A SPECIAL ASSESSMENT LEVIED 22 OR ORDERED TO BE LEVIED FOR THE PAYMENT OF THE ESTABLISHMENT, 23 CONSTRUCTION, MAINTENANCE, OR IMPROVEMENT OF A DRAIN UNDER THIS 24 ACT SHALL NOT BE PERPETUALLY ENJOINED OR DECLARED ABSOLUTELY VOID 25 FOR ANY REASON. THE COURT IN WHICH AN ACTION IS BROUGHT TO 26 RECOVER A SPECIAL ASSESSMENT PAID, OR TO DECLARE VOID THE 27 PROCEEDINGS TO ESTABLISH AND CONSTRUCT ANY DRAIN, OR TO ENJOIN 00488'99 * 133 1 ANY SPECIAL ASSESSMENT LEVIED OR ORDERED TO BE LEVIED FOR THE 2 PAYMENT OF THE LABOR AND EXPENSE THEREOF, MAY, IF THERE BE MANI- 3 FEST ERROR IN THE PROCEEDINGS, ALLOW THE PLAINTIFF IN ACTION TO 4 SHOW THAT HE OR SHE HAS BEEN INJURED THEREBY. ANY SUCH ACTION IS 5 SUBJECT TO SECTION 161. 6 (2) The court in which such proceedings are begun shall 7 allow proof that the drain was necessary and conducive to the 8 public health, convenience, or welfare, and that all the steps 9 required by law have been substantially complied with, notwith- 10 standing the record required to be kept by the commissioner OR 11 DRAINAGE BOARD.In caseIF substantial error is found AFTER 12 HEARING PROOF OF BOTH SIDES, the court may correct any gross 13 injustice in the award of damages, or assessment of benefits. 14as may appear after hearing the proofs and allegations of both15sides andTHE COURT shall make such AN orderin the premises as16shall bejust and equitable, and may orderthat such tax or17 ANY OF THE FOLLOWING: 18 (A) THAT THE SPECIAL assessment remain on the tax roll for 19 collection., or order20 (B) THAT thesame toSPECIAL ASSESSMENT be relieved.,21or may perpetually enjoin the same or any part thereof, or if the22same23 (C) IF THE SPECIAL ASSESSMENT has been paid under protest, 24may order the wholeTHAT THE SPECIAL ASSESSMENT, or such part 25 thereof as is just and equitable,tobe refunded.In all26cases where assessments shall be set aside00488'99 * 134 1 (3) IF THE COURT SETS ASIDE ASSESSMENTS after contracts have 2 been let or bonds OR NOTES sold, the decree shall make full 3 provision for payment of work done and materials furnished under 4saidTHE contracts before the commencement of suit, and for 5 payment ofsuchTHE bonds OR NOTES and interest thereon, by 6 reassessment according to benefits, or otherwise as equity may 7 require.The cost of such proceedings, if error or injustice be8shown, shall be apportioned among the parties, or if9 (4) IF no manifest error or injusticebeIS shown,such10 costs OF THE PROCEEDINGS shall be collected of the party bringing 11 the action. 12 Sec. 270.Whenever anyIF A drainhas been located and13established,IS ESTABLISHED and contracts let for its construc- 14 tion, MAINTENANCE, OR IMPROVEMENT and the workof construction15has beenIS completed, or partly completed, and the commissioner 16 OR DRAINAGE BOARD has madehisAN order establishing the drain, 17hisTHE apportionment of benefits, and special assessment roll 18 and filed thesameORDER in the office of the county drain com- 19 missioner, as provided by this act,and such taxes remain a20perpetualTHE SPECIAL ASSESSMENTS ARE A lien upon the lands 21 assessed., and filed all of said papers in the office of the22county drain commissioner, and no person or municipality affected23by the proceedings has taken any action by virtue of section 16124of this act to test the validity of the proceedings, or to set25the same aside, and it shall further appear that the taxIF THE 26 SPECIAL ASSESSMENT has not been spread on the tax roll of the 27 municipalities affected and the lien ofsaid taxTHE SPECIAL 00488'99 * 135 1 ASSESSMENT still remains againstsuchTHE lands, on the 2 application in writing of any person or corporation who isnow3or were ownersAN OWNER of the land assessed at the time of the 4 apportionment of benefitsby the commissioneror any person or 5 corporation who were the owners of land atsaidTHE time OF 6 APPORTIONMENT OF BENEFITS and who were assessed therefor, and who 7 sold such land with covenants of warranty, may make an applica- 8 tion in writing to the county drain commissioner OR DRAINAGE 9 BOARD setting forth such facts., and uponUPON the filing of 10suchTHE application,it shall be the duty ofthe county 11 drain commissionertoOR DRAINAGE BOARD SHALL make a certified 12 copy of the assessment roll filed inhisTHE office by the com- 13 missioner and presentto and layitbeforeTO the COUNTY 14 board ofsupervisorsCOMMISSIONERS attheITS first October 15 session., thereafter of said board, and thereupon it shall be16the duty of said board at saidAT THAT session,toTHE COUNTY 17 BOARD OF COMMISSIONERS SHALL order and directsuch taxesTHE 18 SPECIAL ASSESSMENTS TO BE spread upon the tax roll of the munici- 19 palities affected thereby, according to thesaidassessment 20 filedas aforesaid, and as appears by such special assessment21roll, so certified to said boardAND CERTIFIED.The provisions22of this section shall also apply to drains laid out and estab-23lished and wholly or partly constructed under the provisions of24all drain laws in force prior to the passage of this act, where25such laws have made such drain tax a perpetual lien upon the26lands upon which they are assessed.00488'99 * 136 1 Sec. 273.In case any drain tax heretofore or to be2hereafter assessed shall beIF A DRAIN SPECIAL ASSESSMENT IS set 3 aside, except for causes that would deprive the commissioner of 4 jurisdiction to construct the drain, the commissioner may begin 5 proceedings anew at the stage wherethey shall be correct. In6caseTHE DEFECT OCCURRED. IF a draintaxSPECIAL ASSESSMENT 7 can or may be set aside for error in description or other defect 8 in the commissioner's or township treasurer's roll, UPON DISCOV- 9 ERY OF THE DEFECT, the commissioner shall report thesame10 DEFECT to the COUNTY board ofsupervisors at their October ses-11sion, whoCOMMISSIONERS, WHICH shall order thesameSPECIAL 12 ASSESSMENT TO BE reassessed upon the proper description.Such13 THE report may be made at any time before the sale of the land 14 forsuch taxTHE SPECIAL ASSESSMENT. 15 Sec. 274. In anysuitACTION brought to set aside any 16 draintaxASSESSMENT, or in any way attacking the legality of 17 any drain proceedings, the commissioner shall be made a party to 18said suitTHE ACTION. 19 Sec. 275. (1)In cases where the issuing of bonds shall20have been determined upon, as herein provided, and subject to the21provisions ofSUBJECT TO section 221,of this act,the commis- 22 sioner OR DRAINAGE BOARD may borrow money in anticipation of the 23 collection ofsuchSPECIAL ASSESSMENT installments and may 24 issue as evidence thereof the bonds of the drainage district. 25as herein defined. Such obligationsTHE BONDS shall specify on 26 their face that they are payable out of the installments of drain 27taxesSPECIAL ASSESSMENTS to bethereaftercollected, and the 00488'99 * 137 1 amountthereofOF THE BONDS shall not exceed the aggregate of 2 the installments levied. Bondsissued hereundershall be 3 signed by the commissioner OR CHAIRPERSON OF THE DRAINAGE BOARD 4 on behalf of the drainage district, shall be countersigned by the 5 county clerkandOF EACH COUNTY IN THE DRAINAGE DISTRICT, shall 6 be payable in annual installments equal in number to the install- 7 ments oftaxes,SPECIAL ASSESSMENTS, AND shall mature not ear- 8 lier than March first nor later than June first of the year fol- 9 lowing the due dates of the respective installments oftaxes10 SPECIAL ASSESSMENTS. The number of installments shall not exceed 11 30.20: Provided, however, That in any drainage district con-12taining a closed drain, any part of whose cross-section has an13area exceeding 60 square feet, the number of installments may be,14but shall not exceed, 30, and theTHE amount of each installment 15 shall be fixed to correspond as near as may be to the drain 16 commissioner's OR DRAINAGE BOARD'S estimate of the amount of 17taxesSPECIAL ASSESSMENTS actually collectible each year.,18and in no case shall bonds matureBONDS SHALL MATURE NOT more 19 than 2-1/2 years after the corresponding installment oftaxes20 SPECIAL ASSESSMENTS.TheIN THE BONDS, THE commissioner OR 21 DRAINAGE BOARD shallthereinpledge the credit of the drainage 22 district, including the lands embraced withinsuchTHE district 23 and the townships, cities, villages, counties, andstate trunk24line highwaysROADWAYS assessed at large, in the proportion that 25 they aretaxedSPECIALLY ASSESSED for the benefits received 26 thereby.Such00488'99 * 138 1 (2) THE bonds shall be advertised and sold by the drain 2 commissionerafterOR DRAINAGE BOARD IN the manner provided for 3 the advertisement and sale of municipal bonds byAct No. 202 of4the Public Acts of 1943, as amended, being sections 131.1 to5138.2, inclusive, of the Compiled Laws of 1948THE MUNICIPAL 6 FINANCE ACT, 1943 PA 202, MCL 131.1 TO 139.3. If any premium is 7 received thereon, such premium shall belong to the fund of the 8 drain. The proceeds derived from the sale of such bonds shall be 9 deposited with the county treasurer to the credit of the drain 10 fund. The county treasurer shall safely keep allsuchbonds 11 until sold.as above provided: Provided, however, That this12act shall not be considered toTHIS ACT DOES NOT affect any 13 bonds or refunding bonds issuedprior to the effective date14hereof and subsequent to the effective date of Act No. 331 of the15Public Acts of 1927ON OR AFTER SEPTEMBER 5, 1927, AND BEFORE 16 MARCH 28, 1956, or any refunding bondshereafterissued ON OR 17 AFTER MARCH 28, 1956 to replacethe same: Provided further,18That noSUCH BONDS. A county shall NOT advance or pay out of 19 its general funds anymoneysMONEY for or on account of princi- 20 pal or interest of any drain bonds issuedprior to the effective21date of Act No. 331 of the Public Acts ofBEFORE SEPTEMBER 5, 22 1927, or any refunding bonds issued to replacethe sameSUCH 23 BONDS. 24 SEC. 275A. (1) A DRAINAGE DISTRICT MAY BORROW MONEY OR 25 ACCEPT THE ADVANCE OF WORK, MATERIAL, OR MONEY FROM A PUBLIC OR 26 PRIVATE CORPORATION, PARTNERSHIP, ASSOCIATION, INDIVIDUAL, OR THE 00488'99 * 139 1 FEDERAL OR STATE GOVERNMENT OR ANY AGENCY OF THE FEDERAL OR STATE 2 GOVERNMENT FOR ANY OF THE FOLLOWING: 3 (A) THE PAYMENT OF, OR IN CONNECTION WITH THE CONSTRUCTION, 4 MAINTENANCE, OR IMPROVEMENT OF, ANY PART OF A DRAIN PROJECT. 5 (B) THE FINANCING AND ENGINEERING OR FEASIBILITY, PRACTICA- 6 BILITY, ENVIRONMENTAL ASSESSMENT, OR IMPACT STUDY OF A DRAIN 7 PROJECT. 8 (C) THE COSTS OF ACQUIRING PROPERTY UNDER SECTION 7. 9 (D) ENGINEERING AND LEGAL FEES. 10 (2) THE BORROWING BY THE DRAINAGE DISTRICT MAY BE WITH OR 11 WITHOUT INTEREST AS MAY BE AGREED AND REIMBURSED, WHEN FUNDS ARE 12 AVAILABLE. THE OBLIGATION OF THE DRAINAGE DISTRICT TO MAKE THE 13 REPAYMENT OR REIMBURSEMENT MAY BE EVIDENCED BY A CONTRACT OR 14 NOTE, WHICH CONTRACT OR NOTE MAY PLEDGE THE FULL FAITH AND CREDIT 15 OF THE DRAINAGE DISTRICT AND MAY BE MADE PAYABLE OUT OF THE DRAIN 16 ASSESSMENTS MADE AGAINST PUBLIC CORPORATIONS AT LARGE, OR AGAINST 17 LANDS IN THE DRAINAGE DISTRICT, OR OUT OF THE PROCEEDS OF DRAIN 18 ORDERS, NOTES, OR BONDS ISSUED BY THE DRAINAGE DISTRICT PURSUANT 19 TO THIS ACT OR OUT OF ANY OTHER AVAILABLE FUNDS, AND THE CONTRACT 20 OR NOTE SHALL NOT BE CONSIDERED TO BE AN OBLIGATION WITH THE 21 MEANING OF THE MUNICIPAL FINANCE ACT, 1943 PA 202, MCL 131.1 TO 22 139.3, UNLESS THE PRINCIPAL AGGREGATE AMOUNT OF THE NOTE OR NOTES 23 OF THE DISTRICT EXCEEDS $600,000.00. HOWEVER, ANY PROJECTS IN 24 WHICH ADVANCES OR LOANS ARE MADE BY ANY PUBLIC CORPORATION, THE 25 FEDERAL GOVERNMENT, OR ANY AGENCY OF THE FEDERAL GOVERNMENT SHALL 26 NOT BE INCLUDED IN THIS AGGREGATE AMOUNT. 00488'99 * 140 1 (3) A COUNTY BOARD OF COMMISSIONERS BY A VOTE OF 2/3 OF ITS 2 TOTAL MEMBERSHIP MAY PLEDGE THE FULL FAITH AND CREDIT OF A COUNTY 3 FOR THE PAYMENT OF A NOTE OF THE DRAINAGE DISTRICT. 4 Sec. 276. (1) If bonds or notes are to be issuedin5respect to an intracountyFOR A COUNTY drain, the county board 6 of commissioners may, by resolution adopted by a majority of its 7 total membership, pledge the full faith and credit of the county 8 for the prompt payment of the principal of and interest on any 9 bonds or notes hereafter issued pursuant to this act. This shall 10 not validate any bonds or notesheretoforeissued BEFORE MAY 11 14, 1957.In the eventIF the countyshall beIS required to 12 advance any money by reason of such pledge, and if the collec- 13 tions from special assessments shall not be sufficient to reim- 14 burse the county therefor, the drain commissioner of such county 15 shall, within a 2-year period from the date of advancement, reas- 16 sess the drainage district as in the first instance in order to 17 provide for the repayment to the county of the sums so advanced. 18The provisions of this section shall not permit the advancement19or any moneys out of the general funds of any county to meet any20deficiency in the collection of drain assessments confirmed prior21to May 1, 1953.22 (2) IF A DRAINAGE PROJECT LIES ENTIRELY WITHIN THE LIMITS OF 23 A MUNICIPALITY, OTHER THAN A COUNTY, THE GOVERNING BODY OF THE 24 MUNICIPALITY MAY PLEDGE THE FULL FAITH AND CREDIT OF THE MUNICI- 25 PALITY FOR THE PAYMENT OF BONDS OR DRAIN ORDERS ISSUED IN CONNEC- 26 TION WITH THE PROJECT. IF A DEFICIENCY EXISTS IN THE DRAIN FUND 27 OR SINKING FUND FOR THE DRAIN 1 YEAR AFTER THE LAST INSTALLMENT 00488'99 * 141 1 OF THE DEFICIENCY ASSESSMENT PROVIDED FOR IN SECTION 280 BECOMES 2 DELINQUENT, THE MUNICIPALITY SHALL IMMEDIATELY ADVANCE TO THE 3 COUNTY DRAIN FUND THE AMOUNT OF THE DEFICIENCY. AFTER THE MUNIC- 4 IPALITY MAKES THE ADVANCE, ALL RECEIPTS OF THE DRAIN FUND FROM 5 THE SALE OF DELINQUENT TAX LANDS, WHICH HAD BEEN ASSESSED FOR THE 6 DRAIN, SHALL BE PAID TO THE MUNICIPALITY WITHIN 91 DAYS AFTER 7 RECEIPT BY THE COUNTY TREASURER. 8 Sec. 277.Whenever lands in any city, village or township9or combination thereof shall be assessed for all or any part of10the cost of a drain, theTHE governing body of eachsuch11cities, villages or townshipsCITY, VILLAGE, OR TOWNSHIP IN 12 WHICH ARE LOCATED LANDS ASSESSED FOR ALL OR PART OF THE COST OF A 13 DRAIN, by resolution adopted prior to the issuance of drain 14 ordersand/orOR bonds, OR BOTH, in anticipation of the payment 15 of the assessments forsuchTHE drain, may agree that in the 16 event of any delinquency in the collection of the assessments 17 against lands insuchTHE cities, villages, or townships, the 18 cities, villages, or townships shall advance the amount ofsuch19 THE delinquency from unobligated funds in the general fund to the 20 extent necessary to pay principal and interest onsuchTHE 21 drain ordersand/orOR bonds asthe sameTHEY mature.In22the event that moneys areIF MONEY IS so advanced, then the 23 cities, villages, or townships shall be reimbursed from the col- 24 lection of the said delinquent assessments against lands within 25 its boundaries. If the collections from special assessments 26shallARE notbesufficient to reimburse the cities, 27 villages, or townships, the drain commissioner ofsuchTHE 00488'99 * 142 1 county OR DRAINAGE BOARD shall, within a 5-year period from the 2 date of advancement, reassess the drainage district as in the 3 first instance in order to provide for the repayment of the sums 4 so advanced.: Provided, That thisTHIS act shall not vali- 5 date any drain orders or bonds issuedprior to the effective6date of this actBEFORE MARCH 28, 1956. 7 SEC. 277A. (1) IF DRAINAGE DISTRICTS ARE CONSOLIDATED AS 8 PROVIDED FOR IN THIS ACT, THE CONSOLIDATED DISTRICT SHALL, EXCEPT 9 AS OTHERWISE PROVIDED IN THIS ACT, HAVE ALL THE RIGHTS AND POWERS 10 AND BE SUBJECT TO ALL LAWS APPLICABLE TO COUNTY OR INTERCOUNTY 11 DRAINAGE DISTRICTS, AS APPLICABLE. 12 (2) THE MERGING OF A DRAINAGE DISTRICT INTO A CONSOLIDATED 13 DISTRICT DOES NOT AFFECT THE OBLIGATION OF ANY BONDS ISSUED OR 14 CONTRACTS ENTERED INTO BY THE DISTRICT OR INVALIDATE THE LEVY, 15 EXTENSION, OR COLLECTION OF ANY TAXES OR SPECIAL ASSESSMENTS UPON 16 PROPERTY IN THE DEBTOR DISTRICT. THE BONDS AND CONTRACTS SHALL 17 BE TAKEN OVER AND ASSUMED BY THE CONSOLIDATED DISTRICT, AND ALL 18 OUTSTANDING SPECIAL ASSESSMENTS SHALL BE COLLECTED AND PAID OVER 19 TO THE CONSOLIDATED DISTRICT FOR THE PAYMENT OF THE OBLIGATIONS 20 PREVIOUSLY ISSUED OR CONTRACTS PREVIOUSLY ENTERED INTO BY THE 21 DEBTOR DISTRICT. IF FURTHER FUNDS ARE NECESSARY FOR THE PAYMENT 22 OF OBLIGATIONS PREVIOUSLY ISSUED OR CONTRACTS PREVIOUSLY ENTERED 23 INTO BY THE DEBTOR DISTRICT, THE DRAIN COMMISSIONER OR DRAINAGE 24 BOARD OF THE CONSOLIDATED DISTRICT SHALL CONTINUE TO LEVY A SPE- 25 CIAL ASSESSMENT BASED ON THE SPECIAL ASSESSMENT ROLL CREATED TO 26 FINANCE THE OBLIGATIONS OR CONTRACTS. THE PROCEEDS OF THE 00488'99 * 143 1 SPECIAL ASSESSMENT SHALL BE USED ONLY FOR THE PURPOSE OF PAYING 2 THE INDEBTEDNESS, AND THE INTEREST THEREON. 3 (3) IF THERE ARE FUNDS IN THE DRAIN ACCOUNT OF ANY OF THE 4 DISTRICTS TO BE CONSOLIDATED, THE FUNDS SHALL BE PLACED IN A SEP- 5 ARATE ACCOUNT FOR THE CONSOLIDATED DISTRICT AND SHALL BE USED TO 6 PAY EXPENSES INCURRED BY THE COMMISSIONER OR DRAINAGE BOARD FOR 7 THE CONSOLIDATED DISTRICT, EXCEPT AS FOLLOWS: 8 (A) IF LANDS ARE ADDED WHICH WERE NOT PREVIOUSLY LOCATED IN 9 A PETITIONING DISTRICT, FUNDS FROM EACH ACCOUNT WHERE THERE IS A 10 SURPLUS SHALL BE PAID OUT OR PRORATED IN THE SAME MANNER AS PRO- 11 VIDED FOR ABANDONED OR VACATED DRAINS AFTER THAT DISTRICT'S 12 INDEBTEDNESS FOR THE COST OF CONSOLIDATION HAS BEEN SATISFIED. 13 (B) IF 1 OF THE DISTRICTS CONSOLIDATED IS SPECIALLY BENE- 14 FITTED BY THE CONTINUED OPERATION AND MAINTENANCE OF PUMPING 15 EQUIPMENT OR OTHER MECHANICAL OPERATIONS, A SEPARATE ACCOUNT 16 SHALL BE MAINTAINED TO PROVIDE FOR PAYMENT FOR THE OPERATION AND 17 MAINTENANCE OF THE PUMPING EQUIPMENT OR OTHER MECHANICAL 18 OPERATION. 19 Sec. 278. If bonds or notes are issued and sold by the com- 20 missioner OR DRAINAGE BOARD, installments of the draintaxes21 SPECIAL ASSESSMENTS shall bear interest not to exceed a rate 22 which is not greater than 1% per annum more than the average rate 23 of interest on the bonds or notes from the date of the prepara- 24 tion of the assessment roll until due. The bonds or notes may 25 provide, if the commissioner OR DRAINAGE BOARD so determines, for 26 the payment of interest semiannually. The installments and the 27 interest thereon shall, as collected, be paid into the county 00488'99 * 144 1 treasury and placed to the credit of the fund of the drain, to be 2 used solely for the payment of bonds or notes as they mature. 3 Money collected in anticipation of the maturity of the bonds or 4 notes shall be deposited by the county treasurer in a bank or 5 banks to be designated by the COUNTY board of commissioners.of6the county and theTHE interest receivedshall belongBELONGS 7 to the fund. Bonds or notes issued and sold by the commissioner 8 OR DRAINAGE BOARD shall bear interest at not to exceed the rate 9 specified in section 2 of chapter 3 ofAct No. 202 of the Public10Acts of 1943, as amended, being section 133.2 of the Michigan11Compiled LawsTHE MUNICIPAL FINANCE ACT, 1943 PA 202, MCL 12 133.2. 13 Sec. 279. Any person liabletoFOR the payment of special 14 assessmentsfor benefits received from the construction of a15drain hereundermay pay thesameASSESSMENT in full with 16 interest to date at any time, subject to the right of reassess- 17 ment in case of A deficiency ashereinprovided. HOWEVER, A 18 PREPAYMENT MADE FOLLOWING THE ISSUANCE OF BONDS OR NOTES IS 19 SUBJECT TO THE FIRST-YEAR INTEREST ON THE BONDS OR NOTES. The 20foregoingright of prepaymentshall extend to theEXTENDS TO 21 THIS state or any political subdivision thereof, assessed at 22 large for a portion of the cost ofaTHE drain. Such payment 23 may be made to thetownship treasurerDRAIN COMMISSIONER, who 24 shall give his OR HER receipt therefor and who shall transmit the 25sameRECEIPT to the county treasurer. Thelatter official26shall, on receipt of the same, give notice to the commissioner,00488'99 * 145 1whoCOMMISSIONER shall make the necessary changes in the rolls 2 covering subsequent installments. 3 Sec. 280. (1) If, FOR ANY REASON, there is not sufficient 4 money in the fund in a particular drain at the time of the matu- 5 rity of the bonds last to mature, or any drain orders, to pay all 6 outstanding bonds or drain orders with interest, or to reimburse 7 the county for money which it has been obliged to advance pursu- 8 ant to section 275,whether such insufficiency is due to the9anticipation of installments as provided in section 279, or to10failure to sell any lands for delinquent taxes, or to any other11cause, it shall be the duty ofthe commissionertoOR DRAINAGE 12 BOARD SHALL at once levy an additional assessment.as hereinbe-13fore provided in suchTHE ADDITIONAL ASSESSMENT SHALL BE IN an 14 amount as will make up the deficiencywhichAND shall be spread 15 in not to exceed 7 annual installments.; and if the commis-16sioner determines that the entire amount, if spread in 1 year,17would be an undue burden or create unnecessary hardship, he or18she may order it spread over any number of years up to but not19exceeding 7.If bonds or other evidences of indebtedness are 20 issued pursuant to the municipal finance act,Act No. 202 of the21Public Acts of 1943, as amended, being sections 131.1 to 139.3 of22the Michigan Compiled Laws1943 PA 202, MCL 131.1 TO 139.3, to 23 refund the outstanding indebtedness of a drain district, the gov- 24 erning body ofsuchTHE drain district shall provide, subject 25 to the directions of the department of treasury or to the 26 requirements ofAct No. 202 of the Public Acts of 1943THE 27 MUNICIPAL FINANCE ACT, 1943 PA 202, MCL 131.1 TO 139.3, for 00488'99 * 146 1suchadditional levies of assessmentsprior toBEFORE the 2 maturity ofsuchTHE refunding obligationsasnecessary to 3 prevent default in payment of interest on such obligations, and 4 FOR the maintenance of asinkingfund fortheirTHE retire- 5 ment OF THE OBLIGATIONS. Every officer charged with the determi- 6 nation of the amount oftaxesSPECIAL ASSESSMENTS to be raised, 7 or the levying ofsuch taxesTHE SPECIAL ASSESSMENTS, shall 8 make or cause to be made the additional levies as provided. Any 9 surplus remaining after the payment of the bonds and interest 10 shall remain in the DRAIN FUND OF THE county treasury and be used 11 for the maintenance of the drain. 12 (2)SuchTHE additional assessments shallonly apply to13drain orders or bonds issued after March 28, 1956 and shallbe 14 apportioned, assessed, levied, and collected as provided in the 15 first instance.As to deficiency assessments levied for drain16orders or bonds issued after March 28, 1956, there shall be no17lands exempted therefrom, except those which at the time of such18additional assessments are owned or used as follows:19(a) Lands owned by the United States.20(b) Lands owned by the state of Michigan, except licensed21homestead lands, and except lands held under land contracts22issued pursuant to Act No. 155 of the Public Acts of 1937, as23amended, being sections 211.355a to 211.364, of the Michigan24Compiled Laws.25(c) Lands owned by any county, city, village, township, or26school district and used for public purposes.00488'99 * 147 1(d) Lands used exclusively for burial grounds.2(e) Lands dedicated to the public and actually used as a3highway or alley, and not used for gain.4 (3) An additional assessment shall not be levied or col- 5 lected for the purpose of paying the principal or interest upon 6 any bonds or obligationswhich have heretofore beenTHAT WERE 7 held to be invalid, and any suchBEFORE MARCH 28, 1956. AN 8 additional assessment shall not be apportioned, assessed, levied, 9 or collected for the purpose of paying any bonds, interest, or 10 obligations for the payment of which assessments have heretofore 11 been made. 12 Sec. 282. (1) The drain commissioner or drainage board may 13 direct the treasurer of any drainage district to invest any sur- 14 plus funds belonging to and under the control of the drain com- 15 missioner or drainage board as provided in section 1 ofAct16No. 20 of the Public Acts of 1943, being section 129.91 of the17Michigan Compiled Laws1943 PA 20, MCL 129.91. OTHERWISE, THE 18 FUNDS SHALL BE INVESTED IN SECURE INTEREST BEARING ACCOUNTS. THE 19 TREASURER OF THE DRAINAGE DISTRICT SHALL CREDIT EARNINGS FROM 20 INVESTMENTS UNDER THIS SECTION TO THE DRAINAGE DISTRICT FUND. 21 (2) If 2 or more drainage district fundswhich areunder 22 control of the drain commissioner or drainage board have balances 23 of less than $1,000.00, those drainage district fundsmaySHALL 24 be consolidated into 1 account for short-term investment.as25directed by the drain commissioner.A drainage district fund 26 shall not be consolidated if there is an immediate and apparent 00488'99 * 148 1 need for expending that fund on the specific drain to which the 2 fund belongs. 3 (3) The interest earned by a fund consolidated under subsec- 4 tion (2) may be deposited in a segregated revolving maintenance 5 fund which the drain commissioner or drainage board may use for 6 temporarily financing necessary maintenance expenses onan7intracountyA COUNTY or intercounty drain within that drain 8 commissioner's or drainage board's jurisdiction. The revolving 9 maintenance fund shall be a fund separate from the revolving 10 drain fund provided for in chapter 12. The revolving maintenance 11 fund shall be accounted for, administered, and reimbursed in the 12 same manner as the revolving drain fund under section 303. 13 (4) If a drainage district fund has a balance of $1,000.00 14 or more, the drain commissioner or drainage board may direct that 15 that fund be consolidated with other funds for investment 16 purposes. The interest earned, whether from a consolidated or 17 separate account, shall immediately be deposited in the drainage 18 district fund to which the principal belongs. 19 (5) The principal balances of each drainage district fund 20 shall be accounted for at all times and may only be spent by 21 order of the drain commissioner or drainage board on expenses 22 necessary for the operation and maintenance of the drain to which 23 the fund belongs. 24 Sec. 283. (1) The drain commissioner or drainage board 25 shalluseDEPOSIT IN THE DRAIN FUND OF THE DRAINAGE DISTRICT 26 any surplus construction funds remaining in the construction fund 27 after completion of the project for the inspection, repair, and 00488'99 * 149 1 maintenance of the drainas provided in section 196or shall 2 authorize the transfer of the funds to the bond and interest 3 account, if bonds were issued, in the amounts the drain commis- 4 sioner or drainage board considers proper. 5 (2) The drainage board or drain commissionershallMAY 6 contract with a public corporation if that public corporation has 7 been assessed for all or part of the cost of the drain or if land 8 in acity, village, township, or combination thereofPUBLIC 9 CORPORATION has been assessed for all or any part of the cost of 10 a drain. The contract shall provide that after all outstanding 11 drain orders or bonds are paid on a drainage district project, 12 the drain commissioner or drainage boardshallMAY authorize 13 therespective county treasurersDISTRICT TREASURER to pay 14overany portion of the surplus THAT THE DRAIN COMMISSIONER OR 15 DRAINAGE BOARD CONSIDERS not needed formore thanthe cost of 16 inspection, repair, and maintenance of the drain as provided in 17 section196199 tothe county, township, city, or village in18which the drain was located or in which assessments for benefits19have been assessed and collectedSUCH PUBLIC CORPORATIONS. The 20 payments shall be on a pro rata basis in direct proportion to the 21 amounts assessed and collected from eachcounty, city, village,22or townshipPUBLIC CORPORATION. The contract shall also provide 23 that upon receipt of the surplus funds thecounty, city, vil-24lage, or townshipPUBLIC CORPORATION shall utilize those surplus 25 funds to alleviate drainage problems intheir respective26jurisdictionsITS JURISDICTION. 00488'99 * 150 1 (3) If state TRUNK LINE highway funds are involved in a 2 project, the drain commissioner or drainage board, upon 3 completion of aconstructionproject,shallAND AFTER PAYMENT 4 OF ALL OUTSTANDING BONDS OR NOTES MAY return TO THE STATE TRANS- 5 PORTATION DEPARTMENT, on a pro rata basis, surplus construction 6 funds in excess of the amount CONSIDERED necessary BY THE DRAIN 7 COMMISSIONER OR DRAINAGE BOARD to pay for inspection, repair, and 8 maintenance of the drain as provided in section 199.196 to the9state transportation department for the construction, mainte-10nance, and administration of state highways.11(4) As used in this section, "public corporation" includes a12city, village, township, or county, or the state.13 CHAPTER 12.14 REVOLVING FUNDS FOR DRAINS.15 Sec. 301. At the October session of the COUNTY board of 16supervisorsCOMMISSIONERS OF EACH COUNTY,eachTHE board 17 shall appropriate and collect by general taxation from the tax- 18 able property withintheir respective countiesTHE COUNTY for 19 the purpose of creating a revolving drain fund,such sum as said20board may deemTHE SUM THAT THE BOARD CONSIDERS necessary. 21SaidTHE revolving fundwhen so createdshall be used and 22 disposed of solely as provided in this chapter. 23 Sec. 302. (1) The revolving fund may be used for paying ANY 24 OF the FOLLOWING: 25 (A) THE engineer or surveyor forhisservices in laying 26 out a drainage district., also any00488'99 * 151 1 (B) ANY necessary assistancetherefor and to pay any and2all otherFOR THE ENGINEER OR SURVEYOR. 3 (C) OTHER LEGAL, ENGINEERING, NATURAL RESOURCE IMPACT 4 ASSESSMENT, OR CONSULTING services to the date of letting the 5 drain contract.for paying members6 (D) MEMBERS of boards of determination for services per- 7 formed under this act., for necessary8 (E) NECESSARY repairs on old drains., and also for paying9drain10 (F) DRAIN orders that are due not in excess of$2,000.0011 $5,000.00 if authorized by the COUNTY board ofsupervisors12 COMMISSIONERS. 13 (2) Orders drawn by the DRAIN commissioner on the revolving 14 fund may be made payable upon the performance of servicesherein15definedLISTED IN SUBSECTION (1). FromsaidTHE revolving 16 fund may be paid the servicesherein mentionedLISTED IN 17 SUBSECTION (1) on any drain or drainage district affecting more 18 than 1 county.SuchTHE total expenseisSHALL BE prorated 19 among theseveralcounties affected according to the amount 20 apportioned to be paid by and insaid counties respectively for21saidEACH COUNTY FOR THE drain.Any and all ordersORDERS for 22 services rendered or expenses incurred after the date of letting 23 the drain contract shall be paid in the manner prescribed in 24 chapter 10., being sections 241 to 248.25 Sec. 303. The county treasurers shall carry as a separate 26 account upon the books of their office a revolving fund and all 27 accounts and items pertaining thereto. A record shall be kept of 00488'99 * 152 1 the amount of money paid from the revolving fund for the use and 2 benefit of any particular drainage district and upon payment to 3 the county treasurer of thetaxes assessedASSESSMENTS LEVIED 4 in the particular drainage district, the county treasurer, out of 5 the moneys received, shall transfer to the revolving fund pro 6 rata according to the number of installments of taxes the sum 7 expended. 8 Sec. 304. Thesaidrevolving fund shall be deposited in 9the bank of the county offering the highest rate of interest on10daily balances, final determination to be made by the board of11supervisors of the particular county, theAN AUTHORIZED DEPOSI- 12 TORY FOR COUNTY FUNDS. THE interestso received toEARNED ON 13 THE FUND SHALL be paid into and become a part ofsaidTHE 14 fund. 15 Sec. 306.WheneverIF revolving fundmoneys haveMONEY 16 HAS been expended or a drainage district has become obligated to 17 pay expenses for engineering, legal,andOR administrative 18 services, by action of the drain commissioner or drainage board 19 andnoAN improvement has NOT been completedsubsequent to20 AFTER the DRAIN commissioner's order designating a drainage dis- 21 trict or entry of the first order of determinationas prescribed22inUNDER section 72whereFOR an intracounty drain,is23involved,the drain commissioner ofsuchTHE county which has 24 expended such revolving fundmoneysMONEY may reportsuch25 THAT fact to the board ofsupervisorsCOMMISSIONERS. Ifno26 AN improvementhas beenIS NOT completed withina period of 527years subsequent to the commissioner's order designating a00488'99 * 153 1drainage district or2 YEARS AFTER entry of the first order of 2 determinationas prescribed inUNDER section7255, the drain 3 commissioner of such county shall reportsuchTHAT fact to the 4 COUNTY board ofsupervisorsCOMMISSIONERS. If the sum involved 5 is too small to justify spreading thesameSUM over the desig- 6 nated DRAINAGE district,above referred to, suchTHE COUNTY 7 board ofsupervisorsCOMMISSIONERS may order the sum to be 8 spread against the property of the original petitioners according 9 tosuch percentage as the commissioners shall deemTHE PERCEN- 10 TAGE THAT THE DRAIN COMMISSIONER CONSIDERS just and equitable, 11 based on the same benefit theory as if the improvement had been 12 completed. If the sum involved is large enough to, in the opin- 13 ion of the COUNTY board ofsupervisorsCOMMISSIONERS, create 14 undue hardship on the original petitioners, the COUNTY board of 15supervisorsCOMMISSIONERS may order thesameSUM spread over 16suchTHE designated district and the DRAIN commissioner shall 17 apportion thecost thereofSUM to the parties benefited in the 18 district as provided in chapter 7 for the purpose of permitting a 19 review of the roll as to fairness of the apportionment only. 20 Sec. 307.WheneverIF revolving fundmoneys haveMONEY 21 HAS been expended andno improvement has been completed subse-22quent to the order designating a drainage district as prescribed23inAN IMPROVEMENT IS NOT COMPLETED WITHIN 2 YEARS AFTER ENTRY OF 24 THE FIRST ORDER OF DETERMINATION UNDER section 105of this act25 where an intercounty drain is involved,within a period of 526years,the drainage board created in section 102of this act27 shall apportion the cost as between counties. Any drain 00488'99 * 154 1 commissioner feeling aggrieved bysuchTHE apportionment may 2 request review by the board of review provided in section106 of3this act, and such board shall proceed to review the same104, 4 AND THE BOARD OF REVIEW SHALL REVIEW THE APPORTIONMENT as pro- 5 vided in this act. The decisions of the board of reviewshall6beARE final. Thereafter, the amount apportioned to each county 7 shall be recovered byeachTHAT county asabove outlined8 PROVIDED for the recovery of revolving fundmoneysMONEY 9 expended for an intracounty drain in section 306.of this act.10 CHAPTER 13.11HIGHWAYSROADWAYS, RAILROADS, UTILITIES, AND OTHER STRUCTURES 12 Sec. 322. (1)When anyIF A drain crosses ahighway13 ROADWAY, the necessary bridge or culvert shall be constructed on 14 the center line of thehighwayROADWAY as located by survey, 15 and in accordance with plans and specifications which shall be 16 approved by thecounty road commission having jurisdiction, or17by the state highway commissioner if such highway is a state18trunk lineROADWAY AUTHORITY UNDER A PERMIT UNDER SECTION 7. 19 The cost of constructing the necessary bridge or culvert shall be 20 charged in the first instance as part of the cost of construction 21 ofsuchTHE drain. Theboard of county road commissioners or22the state highway commissionerROADWAY AUTHORITY shall assume 23 and bearsuchA portion of the cost of construction, based upon 24 benefits, as may be agreed upon with the drain commissioner.In25such case, theTHE contract for the construction of the bridge 26 shall not be let by the drain commissioner without the written 00488'99 * 155 1 consent of thestate highway commissioner or the board of county2road commissioners. Thereafter suchROADWAY AUTHORITY. 3 (2) AFTER CONSTRUCTION, THE bridge or culvertconstructed4under the provisions of this actshall be maintained by the 5county road commission or state highway commissioner. Any such6 ROADWAY AUTHORITY. 7 (3) AN expense charged to the statehighway commissioner8 TRANSPORTATION COMMISSION UNDER THIS SECTION shall bemetPAID 9 out of any funds appropriated for the statehighway10 TRANSPORTATION department that may be available therefor.; and11any such expense to be borne byAN EXPENSE CHARGED TO the board 12 of county road commissioners UNDER THIS SECTION shall be paid out 13 ofmoneysMONEY in the county road fund not otherwise 14 appropriated. 15 (4) As part ofsuchTHE drain, there shall be constructed 16 at least 1 bridge or culvert across such drain connecting the 17highway (exceptROADWAY WITH EACH FARM ENTRANCE, UNLESS THE 18 ROADWAY IS A limited accesshighwaysHIGHWAY established under 19Act No. 205 of the Public Acts of 1941, as amended, being sec-20tions 252.51 to 252.64 of the Compiled Laws of 1948), with each21farm entrance, and when1941 PA 205, MCL 252.51 TO 252.64. IF a 22 drain crosses afarm or any portion thereof there shall be con-23structed 1 bridge, culvert or ford across the drain connecting24the portions of the farm disconnected by the drain, whichPARCEL 25 OR TRACT OF LAND AND WILL DIMINISH ACCESS TO PORTIONS OF THE 26 PARCEL OR TRACT DISCONNECTED BY THE DRAIN, 1 BRIDGE, CULVERT, OR 27 FORD SHALL BE CONSTRUCTED ACROSS THE DRAIN TO CONNECT THOSE 00488'99 * 156 1 PORTIONS OF THE PARCEL OR TRACT SO THAT THE DEGREE OF ACCESS IS 2 NOT DIMINISHED. THE COST OF CONSTRUCTION OF THE bridge, culvert, 3 or ford shall also be charged in the first instance as a part of 4 the construction ofsuchTHE drain., after which suchAFTER 5 CONSTRUCTION OF THE BRIDGE, CULVERT, OR FORD, THE bridge, 6 culvert, or ford shall be maintained by the owner of theland7 TRACT. 8 (5) If the drain commissionershall make futureOR DRAIN- 9 AGE BOARD MAINTAINS OR MAKES improvementssuch as widening,10deepening, straightening or relocating such drain, but not clean11out alone, there shall be constructed theTO A DRAIN, necessary 12 bridges, culverts, and fords MAY BE CONSTRUCTED OR MAINTAINED as 13partsPART ofsuch improvementsTHE DRAIN MAINTENANCE OR 14 IMPROVEMENT. 15 (6) THE ENGINEER, WHEN NECESSARY, SHALL RECOMMEND THE SIZE 16 AND TYPE OF CONSTRUCTION FOR NECESSARY BRIDGES, CULVERTS, AND 17 FORDS. 18 Sec. 322b. If any person desires during construction or 19 reconstruction of ahighwayROADWAY to install a drain for 20 agricultural benefits in lands adjacent to anyhighwayROADWAY, 21 and if a satisfactory outlet cannot be secured on the upper side 22 of thehighwayROADWAY right-of-way and the drain must be 23 projected across the right-of-way to reach an outlet which may be 24 legally utilized as an outlet and is suitable for such purpose, 25 the expense of both material and labor used in installing the 26 drain across the right-of-way shall be paid from funds available 27 for thehighwayROADWAY affected if thehighwayROADWAY 00488'99 * 157 1 authority is notified of the necessity of the drain sufficiently 2 in advance of the construction or reconstruction of thehighway3 ROADWAY so that the drain may be installed and thehighway4 ROADWAY constructed or reconstructed in the same operation. 5 Sec. 323. Before a NEW drainshall beIS constructed 6 along apublic highway, the highway authorities having jurisdic-7tion over the highway shall be consulted and their consent shall8be obtained in writing, asROADWAY, THE DRAIN COMMISSIONER SHALL 9 CONSULT THE ROADWAY AUTHORITY AND OBTAIN ITS WRITTEN CONSENT to 10 the proposed location OF THE DRAIN andwhatTHE disposition 11shallTO be made of all material excavated.WheneverIF an 12 apportionment is made against a state trunk line highway, the 13 amount of the assessment based on such apportionment shall be 14 paid out of any statetrunk line highwayTRANSPORTATION funds 15 on hand.in the state treasury. On or before December 1 of the16year when such assessment is made, the drain commissioner shall17certify to the auditor general the amount due from the state to18such drainage district by reason of the assessment of benefits,19and the auditor general shall, if satisfied of the correctness of20such certificate, cause the same to be paid within 30 days21thereafter.22When a ditch or drain has been constructed prior to 192323primarily for drainage of private lands, and constructed along a24public highway, and the records including the original survey of25such drain are not of public record nor turned over to the county26drain commissioner, or have not been entered in the records of27the county drain commissioner as a county drain, then the actual00488'99 * 158 1location of such drain shall be sufficient to make such drain2comply with the provisions of this act with respect to the loca-3tion thereof, and such drain shall be a county drain upon compli-4ance with the other provisions of this act with respect to county5drains. No proceedings shall be instituted for the widening of6such drain or the deepening thereof below its original bottom.7 Sec. 324. (1)WheneverIF it is necessary or more conven- 8 ient for the proper drainage ofany highwayA COUNTY ROAD in 9 this state that the surplus water be taken onto or across the 10 land adjacent thereto, the county road commission of the county 11 in whichsaid highwayTHE COUNTY ROAD is situated may secure 12 the right-of-way and may open such drain or outlet for the water, 13 and for these purposes may useany highway moneysTHE COUNTY 14 ROAD MONEY of the township in whichsaid highwayTHE COUNTY 15 ROAD is situated, not otherwise appropriated, andsuchANY sums 16as may bevoted for that use by the electors of the townships. 17 (2) The county road commission shall secure the right-of-way 18 forany suchTHE drain by gift or purchase from the owners of 19 the land to be crossed bysuchTHE drain.; but in case of20purchase theA purchase price must be approved by the township 21 board whenever township funds are involved, before anymoney be22paid thereonPAYMENT IS MADE.SuchTHE right-of-way shall be 23 acquired by deed duly executed by the owner or owners of the 24 landssoughtto be crossed by thesaiddrain, and shall be 25 taken in the name of the townshipwherein the sameWHERE 26 RIGHT-OF-WAY is located., andTHE DEED SHALL BE filed in the 27 office of the register of deeds of the county before any 00488'99 * 159 1highwayCOUNTY ROAD money shall be expended in openingsuch2 THE drain outside thehighwayCOUNTY ROAD limits. 3Before the township board approves the purchase price of4any drain right-of-way under this section, the county road com-5mission shall submit to the board for its approval details of the6proposed drain, with specifications that the drain shall be con-7structed in accordance with good health and sanitation standards8and in such a manner as not to constitute a hazard to health or9safety and that in construction of the drain the township board10shall approve the use of the land upon which the drain is to be11located.12 Sec. 326. On the completion by the county road commission 13 ofanyA drain,constructed under the provisions of this act,14it shall be the duty of saidTHE county road commissionto15 SHALL file in the office of the drain commissioner a detailed 16 report of the construction ofsuchTHE drain, giving the date 17 of construction, the termini and general coursethereof,18together withOF THE DRAIN, AND a copy of the deed by which the 19 right-of-way therefor was secured.Nothing in the provisions of20the preceding sections shall be construed as giving toTHIS 21 CHAPTER DOES NOT GIVE the county road commission power tolay22out andconstruct drains having any other purpose than the 23 drainage ofhighwaysCOUNTY ROADS. 24 Sec. 327. (1)In case it becomesIF IT IS necessary for 25 the construction or maintenance ofany highwayA ROADWAY to 26 take the surplus water across adjacent lands, thestate, county27or township highway commissioner or county road commissioners may00488'99 * 160 1make under his or their name of office an application or petition2to the drain commissioner of the county in which such highway is3situated to lay out and designate a drainage district, locate and4establish a drain, clean out, widen, deepen, straighten or extend5an established drain. Such application or petition shall conform6to the law regulating applications or petitions for the laying7out and designating a drainage district, locating and establish-8ing of drains, and cleaning out, widening, deepening, straighten-9ing and extending established drains, and shall require no other10signature than his own as highway commissioner or county road11commissioners. Such application or petition shall have the same12force and effect, and be subject in other respects to the same13laws and regulations that govern other such applications or peti-14tions and shall confer the same jurisdiction and authority on the15county drain commissioner to lay out and designate a drainage16district, locate and establish a drain, or clean out, widen,17deepen, straighten or extend an established drain: Provided,18That in cases where the state highway commissioner makes such19application or petition he shall serve a copy of such application20or petition on the director of agriculture, who shall within 3021days hold a meeting at some place in the drainage district for22the purpose of determining the practicability or necessity of23such drain, and no board of determination shall be necessary to24pass on those questions. Said meeting shall be held, notice25given and all persons interested may be heard in the same manner26as provided in section 102 or section 122 of this act. The27determination of the director of agriculture shall be filed with00488'99 * 161 1the drain commissioner.ROADWAY AUTHORITY MAY FILE A PETITION 2 WITH THE DRAIN COMMISSIONER OF THE COUNTY IN WHICH THE ROADWAY IS 3 SITUATED TO ESTABLISH A DRAINAGE DISTRICT AND A COUNTY OR INTER- 4 COUNTY DRAIN OR TO MAINTAIN OR IMPROVE A DRAIN. EXCEPT AS PRO- 5 VIDED IN SUBSECTIONS (2) AND (3), THE PETITION AND PROCEEDINGS 6 ARE SUBJECT TO CHAPTER 3, 5, OR 8, AS APPLICABLE, AND OTHER PRO- 7 VISIONS OF THIS ACT. 8 (2) THE ROADWAY AUTHORITY IS THE ONLY PETITIONER REQUIRED ON 9 A PETITION UNDER THIS SECTION. 10 (3) IF THE PETITIONING ROADWAY AUTHORITY IS THE STATE TRANS- 11 PORTATION COMMISSION, ALL OF THE FOLLOWING APPLY: 12 (A) IN ADDITION TO FILING THE PETITION WITH THE DRAIN COM- 13 MISSIONER OF THE COUNTY IN WHICH THE ROADWAY IS LOCATED, THE 14 STATE TRANSPORTATION COMMISSION SHALL PROMPTLY SERVE A COPY OF 15 THE PETITION ON THE DIRECTOR OF AGRICULTURE. 16 (B) THE DIRECTOR OF AGRICULTURE SHALL EXERCISE THE POWERS 17 AND DUTIES OF THE BOARD OF DETERMINATION, FOR A COUNTY DRAIN, OR 18 THE DRAINAGE BOARD, FOR AN INTERCOUNTY DRAIN, UP TO AND INCLUDING 19 THE FILING OF THE ORDER OF NECESSITY. THE DIRECTOR OF AGRICUL- 20 TURE SHALL CONDUCT THE FIRST HEARING UNDER CHAPTER 3, 5, OR 8, AS 21 APPLICABLE, NOT LATER THAN 63 DAYS AFTER THE STATE TRANSPORTATION 22 COMMISSION SERVES THE COPY OF THE PETITION ON THE DIRECTOR OF 23 AGRICULTURE. 24 Sec. 328.Before the department of state highways may com-25mence the construction of a state highway, the engineering plans26of the state highway relative to county drains shall be forwarded27to the drain commissioner of each county where the state highway00488'99 * 162 1is to be constructed.BEFORE A PERSON LAYS OR CONSTRUCTS A 2 CABLE, PIPELINE, SEWER, CONDUIT, ROADWAY, CULVERT, BRIDGE, OR 3 OTHER STRUCTURE ACROSS A COUNTY OR INTERCOUNTY DRAIN, THE PERSON 4 SHALL FORWARD RELEVANT ENGINEERING PLANS TO THE DRAIN COMMIS- 5 SIONER OR DRAINAGE BOARD, RESPECTIVELY, FOR REVIEW AND WRITTEN 6 APPROVAL UPON TERMS AND CONDITIONS THAT ARE REASONABLE AND PROPER 7 TO PREVENT INTERFERENCE WITH THE DRAIN. 8 SEC. 329. IF THE ROADWAY AUTHORITY REQUESTS OR ORDERS THAT 9 AN EXISTING LEGALLY ESTABLISHED DRAIN WITHIN THE RIGHT-OF-WAY OF 10 THE ROADWAY BE RELOCATED OUTSIDE THE ROADWAY RIGHT-OF-WAY, THE 11 COST OF RELOCATING THE DRAIN SHALL BE BORNE BY THE ROADWAY 12 AUTHORITY. 13 SEC. 330. (1) IF IT IS NECESSARY TO ESTABLISH, CONSTRUCT, 14 MAINTAIN, OR IMPROVE A DRAIN ACROSS THE RIGHT-OF-WAY OR ROADBED 15 OF ANY RAILROAD OR RAILWAY COMPANY, TELEPHONE OR TELEGRAPH COM- 16 PANY, OR DAM, ELECTRIC, CABLE, WATER, OIL, GAS, PIPELINE, OR 17 OTHER UTILITY COMPANY, THE DRAIN COMMISSIONER OR DRAINAGE BOARD 18 SHALL GIVE NOTICE OF THE NECESSITY TO CROSS THE RIGHT-OF-WAY OR 19 ROADBED. NOTICE SHALL BE PROVIDED BY FIRST-CLASS MAIL TO THE 20 GENERAL OFFICE OF THE COMPANY OR THE OFFICE OF THE REGISTERED 21 AGENT OF THE COMPANY. THE NOTICE SHALL INCLUDE THE LOCATION OF 22 THE PROPOSED CROSSING, THE NAME OF THE DRAIN, THE PLANS AND SPEC- 23 IFICATIONS FOR THE CROSSING AND FOR THE METHOD OF CONSTRUCTING 24 THE CROSSING, AND A SCHEDULE FOR CONSTRUCTING THE CROSSING. THE 25 NOTICE SHALL ALSO INCLUDE A STATEMENT THAT THE COMPANY HAS 42 26 DAYS WITHIN WHICH TO OBJECT TO THE PROPOSED PLAN AND FAILURE TO 27 DO SO MAY RESULT IN A WAIVER OF ANY OBJECTIONS. 00488'99 * 163 1 (2) WITHIN 42 DAYS AFTER RECEIPT OF THE NOTICE, THE COMPANY 2 SHALL DELIVER TO THE DRAIN COMMISSIONER OR DRAINAGE BOARD BY 3 FIRST-CLASS MAIL NOTICE WHETHER IT APPROVES OR OBJECTS TO THE 4 LOCATION OF THE CROSSING AND THE PLANS AND SPECIFICATIONS FOR THE 5 CROSSING AND FOR THE METHOD OF CONSTRUCTING THE CROSSING. THE 6 NOTICE SHALL STATE THE REASONS FOR ANY OBJECTION. IF THE COMPANY 7 APPROVES OF OR FAILS TO OBJECT TO THE CROSSING, THE DRAIN COMMIS- 8 SIONER OR DRAINAGE BOARD MAY PROCEED WITH THE CROSSING. IF THE 9 COMPANY OBJECTS TO THE CROSSING, THE DRAIN COMMISSIONER OR DRAIN- 10 AGE BOARD MAY DO 1 OF THE FOLLOWING: 11 (A) GIVE A REVISED NOTICE OF CROSSING UNDER SUBSECTION (1). 12 THE REVISED NOTICE OF CROSSING SHALL BE DESIGNED TO RESOLVE 1 OR 13 MORE OF THE REASONS FOR OBJECTION OF THE ORIGINAL NOTICE OF 14 CROSSING. THE REVISED NOTICE OF CROSSING IS SUBJECT TO THE SAME 15 REQUIREMENTS AND PROCEDURES AS THE ORIGINAL NOTICE OF CROSSING 16 UNDER THIS SECTION. 17 (B) SUBMIT THE DISPUTE TO BINDING ARBITRATION BY A MEMBER OF 18 THE AMERICAN ARBITRATION ASSOCIATION OR ITS SUCCESSOR UNDER THE 19 COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIA- 20 TION OR ITS SUCCESSOR. THE ARBITRATOR MAY AWARD ATTORNEY FEES OR 21 ARBITRATION FEES TO THE PREVAILING PARTY. AT THE REQUEST OF 22 EITHER PARTY, THE DECISION OF THE ARBITRATOR MAY BE ENTERED IN 23 AND ENFORCED BY THE CIRCUIT COURT OF THE COUNTY IN WHICH THE 24 CROSSING IS PROPOSED. 25 (C) PETITION THE CIRCUIT COURT OF THE COUNTY IN WHICH THE 26 CROSSING IS PROPOSED TO BE LOCATED TO ORDER THE COMPANY TO ALLOW 27 THE DRAIN COMMISSIONER OR DRAINAGE BOARD TO CONSTRUCT THE 00488'99 * 164 1 CROSSING. THE CIRCUIT COURT SHALL, IF IT FINDS THAT THERE IS A 2 LEGAL RIGHT TO THE CROSSING, ISSUE A WRIT OF MANDAMUS ORDERING 3 THE COMPANY TO ALLOW THE DRAIN COMMISSIONER OR DRAINAGE BOARD TO 4 CONSTRUCT THE CROSSING. THE DRAIN COMMISSIONER OR DRAINAGE BOARD 5 SHALL GIVE THE COMPANY AT LEAST 14 DAYS' NOTICE OF THE PETITION 6 TO THE CIRCUIT COURT AND THE PROCEEDINGS SHALL FOLLOW THE PRAC- 7 TICE OF CIRCUIT COURTS IN MANDAMUS PROCEEDINGS. THE MATTER SHALL 8 BE HEARD AND DETERMINED AS SPEEDILY AS PRACTICABLE. THE COURT 9 MAY AWARD COSTS AND ATTORNEY FEES TO THE PREVAILING PARTY. 10 (3) IF IT IS NECESSARY TO CONSTRUCT, MAINTAIN, OR IMPROVE A 11 DRAIN ACROSS THE RIGHT-OF-WAY OF ANY RAILROAD OR RAILWAY COMPANY, 12 TELEPHONE OR TELEGRAPH COMPANY, OR DAM, ELECTRIC CABLE, WATER, 13 OIL, GAS, PIPELINE, OR OTHER UTILITY COMPANY, THE DRAIN COMMIS- 14 SIONER OR DRAINAGE BOARD MAY ACQUIRE PROPERTY OR INTERESTS IN 15 PROPERTY FOR THAT PURPOSE UNDER SECTION 7. 16 CHAPTER 17.17 ABANDONED AND VACATED DRAINS--DISPOSAL OF FUNDS.18 Sec. 391. (1) Any drain or part thereofwhich has ceased19to be of public utility andTHAT is no longer necessary or con- 20 ducive to the public health, convenience,andOR welfare may be 21 declared to be abandoned and vacated in the mannerhereinpro- 22 vided IN THIS SECTION. 23 (2) Any 5freeholders of landsOWNERS OF LAND in a drain- 24 age district or the governing body of any public corporation in 25 whose limits a drain or part thereof is located may petition for 26 the abandonment and vacation ofaTHE drain or part thereof. 27 The petition shall be addressed to and filed with the DRAIN 00488'99 * 165 1 commissioner or drainage board having jurisdiction ofsuchTHE 2 drain. The commissioner or drainage board shall hold a meeting 3 to hear objections to the petition and to the abandonment and 4 vacation ofaTHE drain or part thereofthereinrequested IN 5 THE PETITION, and shall give notice ofsuchTHE meetingby6posting in 5 public places in the drainage district and by publi-7cation in a newspaper of general circulation in the drainage dis-8trict which posting and publication shall occur at least 10 days9before the date of such meetingUNDER SECTION 8. 10 (3) Private rights of persons acquired by reason of the 11 establishment and construction ofsuchTHE drain or part 12 thereof shall not be interfered with,orin any way be13 impaired bysuchTHE abandonment and vacation. Ifit is14determined at suchTHE COMMISSIONER OR DRAINAGE BOARD DETERMINES 15 AT THE meeting that the drain or part thereof should be abandoned 16 and vacated, the commissioner or drainage board shall issue an 17 order to that effect.and file the same with the commissioner of18the county or counties involved. EasementsAN ORDER OF ABANDON- 19 MENT SHALL NOT BE MADE UNDER THIS SECTION OR MONEY DISBURSED 20 UNDER SECTION 392 UNLESS ALL DEBTS OF THE DRAIN ARE SATISFIED. 21 THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY LEVY A SPECIAL 22 ASSESSMENT TO SATISFY ANY SUCH DEBT, INCLUDING REIMBURSEMENT TO 23 THE DRAIN REVOLVING FUND, BEFORE AN ORDER IS ENTERED OR DISBURSE- 24 MENTS ARE MADE. SUBJECT TO SUBSECTION (4), EASEMENTS or 25 rights-of-way for the drain or part thereof abandoned and vacated 26 or easements or portions thereof no longer necessary for drainage 27 purposes shall be conveyed or released by the commissioner or 00488'99 * 166 1 drainage board on behalf of the drainage district.If it be2contemplated to construct a new drain or part thereof on or near3the line of an existing drain or part thereof this may be accom-4plished without abandonment and vacation of the5 (4) THE existing drain or part thereofand theNEED NOT BE 6 ABANDONED OR VACATED IF IT IS ANTICIPATED THAT A DRAIN OR PART 7 THEREOF WILL BE CONSTRUCTED OR RELOCATED ON OR NEAR THE LINE OF 8 THE EXISTING DRAIN. THE easements or rights-of-way of the exist- 9 ing drain or part thereof may be used for this purpose.:10Provided, however, ThatHOWEVER, if the contemplated project 11 materially damages the property owner beyond the existing ease- 12 ment, or if it materially burdens the existing easement, then the 13 commissioner or drainage board shall secure an additional ease- 14 ment for the contemplated project.It shall not be necessary to15abandon and vacate anAN existing drain or part thereof made 16 unnecessary by a new drain or part thereof NEED NOT BE ABANDONED 17 OR VACATED until the new drain is constructed and ready for 18 service. 19 Sec. 392. (1)Whenever anyIF A drainshall have been20 IS declared vacated and abandoned IN ITS ENTIRETY, as provided in 21 section 391,it shall be the duty ofthe DRAIN commissioner 22toSHALL serve notice thereof forthwith upon the county trea- 23 surer of the county or counties in which the drainage district, 24 or any portion thereof, is situated. If there be any money cred- 25 ited to or belonging to the fund of such vacated and abandoned 26 drain,it shall be the duty ofTHE DRAIN COMMISSIONER OR 27 DRAINAGE BOARD MAY IN ITS DISCRETION PREPARE A REVISED ROLL TO 00488'99 * 167 1 ALLOCATE A PROPORTIONATE REFUND AMOUNT OF ANY SUCH FUND TO ALL 2 THE LANDS THAT WERE ASSESSED FOR THE COSTS OF THE VACATED AND 3 ABANDONED DRAIN. IF THE DRAIN COMMISSIONER OR DRAINAGE BOARD 4 PREPARES SUCH A REVISED ROLL, the county treasurer or treasurers 5to transfer and pay over the sameSHALL PAY THE REFUND AMOUNT 6 to the treasurer or treasurers of the township or townships in 7 which the drain was located or in which assessments for benefits 8 to be received from such drain have been assessed and collected. 9: Provided, That in all cases where10 (2) IF the amount ofsuchTHE moneybelonging toIN the 11 drain fund ofsuchTHE drain, in the hands of the county12treasurer, shall beIS insufficient to permit the refunding and 13 paying over to such township treasurers all of themoneysMONEY 14 assessed and collected in such townships, the county treasurer 15 shall prorate the amounts so paid,and eachLESS ALL COSTS 16 ASSOCIATED WITH THE ABANDONMENT OF THE DRAIN. EACH township 17 treasurershall beIS entitled to receive such proportion of 18 themoneysMONEY remaining in the fund of the vacated or aban- 19 doned drain as the total amount of the assessments levied and 20 collected in his OR HER townshipand becoming a part of such21 FOR THE drain fundshallbear to all of themoneysMONEY 22 assessed and collected and making upsuchTHE fund.In case23 IF it is necessary to prorate intheTHIS manner,provided,24 the county treasurer shall furnish to each township treasurer a 25 statement showing the amount of money in the fundat the time26suchWHEN THE drain was declared vacated and abandoned, and the 27 various amounts assessed and collected forsuchTHE DRAIN fund 00488'99 * 168 1 from the different townships entitled to share in the 2 disbursement thereof. 3 Sec. 393. Upon receiving such money, and the accompanying 4 statement, if required to be furnished hereby, the township trea- 5 surer shall give his OR HER receipt therefor to the county 6 treasurer.HeTHE TOWNSHIP TREASURER shall also serve notice 7 upon each person, firm or corporation who, as shown by the 8 records of his OR HER office, shall have paid a specialtax9 ASSESSMENT for benefits received or to be received from the con- 10 struction of such drain, thatsuchTHE drain has been declared 11 vacated and abandoned and that the paymentas aforesaidhas 12 been made tohimTHE TOWNSHIP TREASURER by the county 13 treasurer. Similar notice shall also be served upon the township 14 board and shall be published for 2 successive weeks insomeA 15 newspaper published and circulating insaidTHE county. 16Thereupon, everyUPON DEMAND, THE TOWNSHIP TREASURER SHALL 17 REIMBURSE such person, firm, or corporationshall be entitled to18demand and receive from said township treasurerFOR the amount 19 of the special assessment thatsuchTHE person, firm, or corpo- 20 rationmay have sopaid. The amount of the specialtax21 ASSESSMENT for the construction ofsuchTHE drain that may have 22 been assessed and collected from the township at large shall be 23 credited to and paid into the contingency fund in the township 24 treasury.: Provided, however, ThatHOWEVER, if the amount of 25 money paid over to the township treasurer by the county treasurer 26in the manner aforesaidis less than the aggregate amount of 27 special assessments levied and collected in such township for the 00488'99 * 169 1 construction of such drain and thetaxASSESSMENT levied and 2 collected upon and from the township at large, then the township 3 treasurer shall proratethe paymentsto each such person, firm, 4 or corporation and the amount to be paid into the general fund in 5 the township treasury; and each such person, firm or corpora-6tion and the contingency fund in the township treasury shall be7entitled to receivesuch proportion of the amount of the 8specialassessmentor taxpaid thereby as the amount of money 9 paid to the township treasurer by the county treasurershall10bearBEARS to the total amount of special assessments and taxes 11 levied and collected in said township and paid into the fund for 12 the construction of said drain. 13 Sec. 395. (1)The county drain commissioner may relinquish14jurisdiction and control to a township, city or village of any15county drainage district upon which there is no outstanding16indebtedness or contract liability and which is wholly located17within the boundaries of a township, city or village, and there-18after the county drain commissioner shall be relieved of, and the19township, city or village shall assume, the maintenance, juris-20diction, control and operation thereof and its future operation21shall be financed in the same manner as is provided for special22assessment districts within such township, city or village:23Provided, That such proceeding shall have first been approved by24a majority of the members elect of the county board of supervi-25sors and by the resolution of the governing body of the township,26city or village in which such drain is located. Any money which27shall be in the drain fund of any suchTHE COUNTY DRAIN 00488'99 * 170 1 COMMISSIONER, FOR A COUNTY DRAIN, OR THE DRAINAGE BOARD, FOR AN 2 INTERCOUNTY DRAIN, MAY RELINQUISH JURISDICTION OVER ALL OR PART 3 OF A DRAIN TO A COUNTY, TOWNSHIP, CITY, OR VILLAGE IF ALL OF THE 4 FOLLOWING REQUIREMENTS ARE MET: 5 (A) THE COUNTY, TOWNSHIP, CITY, OR VILLAGE REQUESTS OR CON- 6 SENTS TO THE RELINQUISHMENT BY RESOLUTION OF ITS GOVERNING BODY. 7 IF THE RELINQUISHMENT IS TO A COUNTY, THE RESOLUTION OF THE 8 COUNTY BOARD OF COMMISSIONERS SHALL SPECIFY THE COUNTY AGENCY, 9 SUCH AS THE BOARD OF PUBLIC WORKS, DRAIN COMMISSIONER, BOARD OF 10 COUNTY ROAD COMMISSIONERS, OR PARKS AND RECREATION COMMISSION, 11 THAT WILL EXERCISE JURISDICTION OVER THE DRAIN OR PART OF THE 12 DRAIN. 13 (B) IF THE RELINQUISHMENT IS TO A TOWNSHIP, CITY, OR VIL- 14 LAGE, THE RELINQUISHMENT IS APPROVED BY RESOLUTION OF A MAJORITY 15 OF THE MEMBERS OF THE COUNTY BOARD OF COMMISSIONERS. 16 (C) THE DRAIN OR PART OF THE DRAIN IS LOCATED WHOLLY WITHIN 17 THE BOUNDARIES OF THE COUNTY, TOWNSHIP, CITY, OR VILLAGE TO WHICH 18 IT IS TO BE RELINQUISHED. 19 (D) THE DRAINAGE DISTRICT HAS NO OUTSTANDING INDEBTEDNESS OR 20 CONTRACT LIABILITY. INDEBTEDNESS OR CONTRACT LIABILITY THAT WILL 21 BE PAID IN FULL AT THE TIME OF THE RELINQUISHMENT IS NOT CONSID- 22 ERED TO BE OUTSTANDING FOR THE PURPOSES OF THIS SUBDIVISION. 23 (2) UPON RELINQUISHMENT OF JURISDICTION OVER THE DRAIN OR 24 PART OF THE DRAIN, THE DRAIN COMMISSIONER OR DRAINAGE BOARD IS 25 RELIEVED OF, AND THE COUNTY, TOWNSHIP, CITY, OR VILLAGE SHALL 26 ASSUME, JURISDICTION OVER THE DRAIN OR PART OF THE DRAIN, 27 INCLUDING RESPONSIBILITY FOR THE MAINTENANCE, CONTROL, AND 00488'99 * 171 1 OPERATION OF THE DRAIN OR PART OF THE DRAIN. EASEMENTS AND 2 RIGHTS OF WAY FOR THE DRAIN OR PART OF THE DRAIN ARE TRANSFERRED 3 TO THE COUNTY, TOWNSHIP, CITY, OR VILLAGE TO WHICH THE DRAIN OR 4 PART OF THE DRAIN IS RELINQUISHED. IF JURISDICTION OVER THE 5 ENTIRE DRAIN IS RELINQUISHED, THE DRAINAGE DISTRICT IS 6 DISSOLVED. 7 (3) IF JURISDICTION IS BEING RELINQUISHED OVER ALL OR PART 8 OF A DRAIN ESTABLISHED UNDER CHAPTER 3 OR 5, ANY MONEY IN THE 9 DRAIN FUND OF THE drainage district at the time jurisdiction 10over itistransferredRELINQUISHED as provided in this sec- 11 tion shall be distributed in thesamemanneras isprovided 12 in sections391392 to 394, inclusive, of this actin the 13 case of abandoned or vacated drains. 14 (4) IF JURISDICTION IS BEING RELINQUISHED OVER ALL OR PART 15 OF A DRAIN ESTABLISHED UNDER CHAPTER 20 OR 21, ANY MONEY IN THE 16 DRAIN FUND SHALL BE USED TO PAY ANY INDEBTEDNESS OR CONTRACT 17 LIABILITY OF THE DRAINAGE DISTRICT. IF JURISDICTION OVER THE 18 ENTIRE DRAIN IS RELINQUISHED, THE BALANCE SHALL BE TURNED OVER TO 19 THE COUNTY, TOWNSHIP, CITY, OR VILLAGE ASSUMING JURISDICTION. IF 20 JURISDICTION OVER PART OF THE DRAIN IS BEING RELINQUISHED, THERE 21 SHALL BE TURNED OVER TO THE COUNTY, TOWNSHIP, CITY, OR VILLAGE 22 ASSUMING JURISDICTION THAT PORTION OF THE BALANCE EQUAL TO THE 23 RATIO OF THE COSTS OF OPERATION AND MAINTENANCE OF THAT PART OF 24 THE DRAIN TO THE COSTS OF OPERATION AND MAINTENANCE OF THE ENTIRE 25 DRAIN. THE BALANCE TURNED OVER TO A COUNTY, TOWNSHIP, CITY, OR 26 VILLAGE SHALL BE USED SOLELY WITH RESPECT TO THE DRAIN OR PART OF 27 THE DRAIN OVER WHICH JURISDICTION IS ASSUMED. 00488'99 * 172 1 CHAPTER 18.2 OBSTRUCTIONS IN DRAINS; SEWAGE; MISCELLANEOUS PROVISIONS.3 Sec. 421. (1)Whenever any person shall obstruct any4established drain, it shall be the duty of the commissioner to5cause such obstruction to be removed. Any lessening of the area6of a drain, which area shall be a cross section of the drain,7shall be deemed to be an obstruction. The person causing such8obstruction shall be liable for the expense attendant upon the9removal thereof, together with the charges of the commissioner,10and the same shall be a lien upon the lands of the party causing11or permitting such obstruction, and all of the expense shall by12the commissioner be reported to the board of supervisors,13together with the report of his doings in the premises, and by14said board ordered spread upon the land of the offending party,15should the same remain unpaid: Provided, That the offending16party causing such obstruction shall be given a notice in writing17of at least 5 days to remove such obstruction.IF A PERSON 18 OBSTRUCTS OR PERMITS THE OBSTRUCTION OF A DRAIN, THE DRAIN COM- 19 MISSIONER OR DRAINAGE BOARD SHALL PROCEED UNDER SUBSECTION (2), 20 (3), OR (4). AN OBSTRUCTION IS ANY LESSENING OF THE 21 CROSS-SECTION OF A DRAIN INCLUDING, BUT NOT LIMITED TO, THAT 22 RESULTING FROM ANY RAILROAD, BRIDGE, CABLE, PIPELINE, SEWER, CON- 23 DUIT, ROADWAY, CULVERT, OR OTHER STRUCTURE. OBSTRUCTION DOES NOT 24 INCLUDE CONSTRUCTION OF A STRUCTURE AS APPROVED UNDER SECTION 25 328. 26 (2) BY FIRST-CLASS MAIL OR PERSONAL SERVICE, THE DRAIN 27 COMMISSIONER OR DRAINAGE BOARD SHALL GIVE THE PERSON CAUSING OR 00488'99 * 173 1 PERMITTING THE OBSTRUCTION A WRITTEN NOTICE TO REMOVE OR MODIFY 2 THE OBSTRUCTION. BEGINNING 14 DAYS AFTER THE NOTICE IS DELIVERED 3 TO THE PERSON, IF THE PERSON HAS NOT SO REMOVED OR MODIFIED THE 4 OBSTRUCTION OR MADE ARRANGEMENTS SATISFACTORY TO THE DRAIN COM- 5 MISSIONER OR DRAINAGE BOARD FOR REMOVAL OR MODIFICATION OF THE 6 OBSTRUCTION, THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY CAUSE 7 THE OBSTRUCTION TO BE REMOVED OR MODIFIED. 8 (3) THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY BRING AN 9 ACTION IN THE CIRCUIT COURT OF THE COUNTY IN WHICH THE OBSTRUC- 10 TION IS LOCATED TO COMPEL THE PERSON TO REMOVE OR MODIFY THE 11 OBSTRUCTION. 12 (4) IF, IN THE OPINION OF THE DRAIN COMMISSIONER OR DRAINAGE 13 BOARD, THE OBSTRUCTION CREATES AN EMERGENCY CONDITION THAT ENDAN- 14 GERS THE PUBLIC HEALTH, SAFETY, CONVENIENCE, OR WELFARE OR CROPS 15 OR OTHER PROPERTY, THE DRAIN COMMISSIONER OR DRAINAGE BOARD, 16 AFTER GIVING REASONABLE NOTICE TO THE PERSON CAUSING OR PERMIT- 17 TING THE OBSTRUCTION, MAY REMOVE OR MODIFY THE OBSTRUCTION. THE 18 NOTICE SHALL SPECIFY THE REASONS FOR FURTHER ACTION. 19 (5) THE PERSON CAUSING OR PERMITTING THE OBSTRUCTION IS 20 LIABLE TO THE DRAIN COMMISSIONER OR DRAINAGE BOARD FOR THE 21 EXPENSE OF REMOVAL OR MODIFICATION OF THE OBSTRUCTION UNDER SUB- 22 SECTION (2) OR (4). IF THE PERSON DOES NOT PAY THE DRAIN COMMIS- 23 SIONER OR DRAINAGE BOARD THE FULL AMOUNT OF THE EXPENSE WITHIN 30 24 DAYS AFTER BEING BILLED FOR THE AMOUNT, THE DRAIN COMMISSIONER OR 25 DRAINAGE BOARD SHALL REPORT THE UNPAID PORTION OF THE EXPENSE TO 26 THE COUNTY BOARD OF COMMISSIONERS, TOGETHER WITH A REPORT OF THE 27 WORK PERFORMED. THE COUNTY BOARD OF COMMISSIONERS MAY CERTIFY 00488'99 * 174 1 THE UNPAID AMOUNT OF THE EXPENSE TO THE PROPER TAX COLLECTING 2 OFFICER TO BE ENTERED IN A SEPARATE COLUMN ON THE NEXT TAX ROLL 3 AGAINST THOSE PARCELS OF LAND OF THE PERSON CAUSING OR PERMITTING 4 THE OBSTRUCTION THAT ARE LOCATED IN WHOLE OR PART WITHIN THE 5 DRAINAGE DISTRICT OR ARE TRAVERSED BY THE DRAIN. IF THE COUNTY 6 BOARD OF COMMISSIONERS SO CERTIFIES THE UNPAID AMOUNT OF THE 7 EXPENSE, ALL OF THE FOLLOWING APPLY: 8 (A) THE UNPAID AMOUNT SHALL ACCRUE SIMPLE INTEREST AT THE 9 SAME RATE AS CHARGED BY THE DEPARTMENT OF TREASURY ON DELINQUENT 10 STATE TAXES. 11 (B) THERE IS A LIEN UPON THOSE PARCELS FOR THE TOTAL UNPAID 12 AMOUNT OF THE EXPENSE. 13 (C) THE TOTAL UNPAID AMOUNT OF THE EXPENSE MAY BE COLLECTED 14 IN THE SAME MANNER AS AD VALOREM PROPERTY TAXES UNDER THE GENERAL 15 PROPERTY TAX ACT, 1893 PA 206, MCL 211.1 TO 211.157. HOWEVER, A 16 PARCEL IS NOT SUBJECT TO SALE UNDER SECTION 60 OF THE GENERAL 17 PROPERTY TAX ACT, 1893 PA 206, MCL 211.60, FOR NONPAYMENT OF THE 18 EXPENSE UNLESS THE PARCEL IS ALSO SUBJECT TO SALE FOR DELINQUENT 19 PROPERTY TAXES. 20 (D) UPON PAYMENT OF THE TOTAL AMOUNT DUE, THE LIEN IS DIS- 21 CHARGED AND, IF THE DRAIN COMMISSIONER OR DRAINAGE BOARD HAS 22 RECORDED THE LIEN, THE DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL 23 FILE A CERTIFICATE OF DISCHARGE OF THE LIEN. 24 (6) THE REMOVAL OR MODIFICATION OF THE OBSTRUCTION SHALL NOT 25 BE CONSIDERED AN ELEMENT OF DAMAGES IN PROCEEDINGS TO MAINTAIN OR 26 IMPROVE A DRAIN. 00488'99 * 175 1 (7) Thisprovision as to obstruction of any drain shall2 SECTION DOES not applywhereIF the obstruction was caused by 3 natural causes., butHOWEVER, the owner ofthe stock who4shall permit his horses, cattle, pigs and other stockLIVESTOCK 5 PERMITTED to obstruct any drainby tramping in it shall be6deemedIS CONSIDERED to be the party causing such obstruction. 7Nothing contained in this section shall in any way impede or bar8the right of any person to make criminal complaint under any9existing law for any obstruction of a drain.10 (8) THIS SECTION DOES NOT IMPEDE OR BAR THE RIGHT OF THE 11 DRAIN COMMISSIONER, DRAINAGE BOARD, OR ANY OTHER PERSON TO SEEK 12 RELIEF UNDER ANY OTHER PERTINENT PROVISIONS OF THIS ACT INCLUDING 13 BUT NOT LIMITED TO CIVIL OR CRIMINAL REMEDIES. 14 Sec. 422. (1)Railroad or railway companies, telephone,15telegraph, or pipeline companies and other utilities shall not16obstruct established drains, nor shall they lessen the area of17any drain through their track bed or right of way. The area18herein referred to is a cross section of the drain. In case any19such company or utility, without legal right, has constructed or20shall construct any bridge, culvert, pipeline or conduit over any21established drain whereby the area aforesaid is decreased, the22removal of such bridge, culvert, pipeline or conduit shall not be23deemed an element of damage in proceedings to deepen and widen24such drain through such track bed or right of way. In case it is25proposed to construct a pipeline, sewer or conduit within, over26or across any county, such construction shall be of a nature and27laid at such a depth at the point of crossing of any established00488'99 * 176 1public drain as will not interfere with said established public2drain. The consent of the county drain commissioner or board of3public works of any municipality shall be obtained before the4work of such construction is commenced and such drain commis-5sioner is hereby authorized to grant such consent upon such terms6and conditions as may be reasonable and proper under the circum-7stances then existing. In case any railroad or railway company,8telephone, telegraph or pipeline company or other utilities shall9obstruct any established drain, or has constructed or shall con-10struct any bridge, culvert, pipeline or conduit, sewer or other11structure over, under or through any established drain, leaving12less capacity to the drain than such drain is legally entitled13to, in accordance with the rights for such drain as established14by proper drain proceedings or as established by other legal15methods prior to the date of construction of any such obstruc-16tion, the county drain commissioner or the board of public works,17as the case may be, may, by mandamus proceedings in the circuit18court of the county in which such obstruction shall occur, compel19the removal of such obstruction. If necessary, issues of fact20may be framed in such proceedings. In case the court shall find21such drain to have been obstructed, it shall issue a preemptory22mandamus compelling such company to remove such obstruction. The23court may award costs in its discretion as in other mandamus24proceedings. The practice herein shall be the same as in other25motions for mandamus.THE DRAIN COMMISSIONER OR DRAINAGE BOARD, 26 INCLUDING AN AGENT OR EMPLOYEE OF THE DRAIN COMMISSIONER OR 27 DRAINAGE BOARD, MAY ENTER UPON PROPERTY NOT WITHIN A DRAINAGE 00488'99 * 177 1 DISTRICT TO REMOVE OR MODIFY AN OBSTRUCTION IN A NATURAL 2 WATERCOURSE THAT SERVES AS AN OUTLET FOR A COUNTY OR INTERCOUNTY 3 DRAIN BUT THAT IS NOT ITSELF A DRAIN. THE ENTRY SHALL BE MADE 4 PURSUANT TO A WRITTEN AGREEMENT WITH THE LANDOWNER. THE AGREE- 5 MENT SHALL SPECIFY THAT THE DRAIN COMMISSIONER OR DRAINAGE BOARD 6 SHALL RESTORE THE PROPERTY TO SUBSTANTIALLY THE SAME CONDITION AS 7 BEFORE THE ENTRY OR SHALL SPECIFY THAT THE DRAIN COMMISSIONER OR 8 DRAINAGE BOARD SHALL MAKE RESTITUTION FOR ACTUAL DAMAGE RESULTING 9 FROM THE ENTRY. THE ENTRY SHALL BE MADE UPON REASONABLE NOTICE 10 TO THE LANDOWNER AND AT A REASONABLE HOUR. THE LANDOWNER OR HIS 11 OR HER REPRESENTATIVE SHALL BE GIVEN A REASONABLE OPPORTUNITY TO 12 ACCOMPANY THE DRAIN COMMISSIONER OR DRAINAGE BOARD OR THEIR 13 AGENTS OR EMPLOYEES DURING THE ENTRY UPON THE PROPERTY. 14 (2) IF ENTRY UNDER SUBSECTION (1) HAS BEEN DENIED, THE DRAIN 15 COMMISSIONER OR DRAINAGE BOARD MAY COMMENCE A CIVIL ACTION IN THE 16 CIRCUIT COURT IN THE COUNTY IN WHICH THE PROPERTY OR ANY PART OF 17 THE PROPERTY IS LOCATED FOR AN ORDER PERMITTING ENTRY. THE COM- 18 PLAINT SHALL STATE THE FACTS MAKING THE ENTRY NECESSARY, THE DATE 19 ON WHICH ENTRY IS SOUGHT, AND THE DURATION AND THE METHOD PRO- 20 POSED FOR PROTECTING THE DEFENDANT AGAINST DAMAGE. THE COURT MAY 21 GRANT A LIMITED LICENSE FOR ENTRY UPON SUCH TERMS AS JUSTICE AND 22 EQUITY REQUIRE, INCLUDING THE FOLLOWING: 23 (A) A DESCRIPTION OF THE PURPOSE OF THE ENTRY. 24 (B) THE SCOPE OF ACTIVITIES THAT ARE PERMITTED. 25 (C) THE TERMS AND CONDITIONS OF THE ENTRY WITH RESPECT TO 26 THE TIME, PLACE, AND MANNER OF THE ENTRY. 00488'99 * 178 1 (3) AN ENTRY MADE PURSUANT TO THIS SECTION SHALL BE MADE IN 2 A MANNER THAT MINIMIZES ANY DAMAGE TO THE PROPERTY AND ANY 3 HARDSHIP, BURDEN, OR DAMAGE TO A PERSON IN LAWFUL POSSESSION OF 4 THE PROPERTY. 5 (4) THE REMOVAL OR MODIFICATION OF AN OBSTRUCTION UNDER THIS 6 SECTION IS SUBJECT TO THE EXPENDITURE LIMITS AND OTHER PROCEDURES 7 FOR NECESSARY MAINTENANCE OR REPAIR OF A DRAIN UNDER SECTION 8 199. IN ADDITION, THE DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL 9 OBTAIN ANY PERMITS FOR THE REMOVAL OR MODIFICATION REQUIRED UNDER 10 STATE OR FEDERAL LAW. 11 Sec. 423. (1) A person shall not continue to discharge or 12 permit to be discharged into any county drain or intercounty 13 drain oftheTHIS state any sewage or waste matter capable of 14 producing in the drain detrimental deposits, objectionable odor 15 nuisance, injury to drainage conduits or OTHER structures, or 16 capable of producing such pollution of the waters of the state 17 receiving the flow from thedrainsDRAIN as to injure live- 18 stock, destroy fish life, or be injurious to public health. This 19 section does not prohibit the conveyance of sewage or other waste 20 through drains or sewers that will not produce these injuries and 21 that comply with section 3112of part 31 (water resources22protection)of the natural resources and environmental protec- 23 tion act,Act No. 451 of the Public Acts of 1994, being section24324.3112 of the Michigan Compiled Laws1994 PA 451, MCL 25 324.3112. 26 (2) Disposal plants, filtration beds, and other mechanical 27 devices to properly purify the flow ofanyA drain may be 00488'99 * 179 1 constructed as a part ofany establishedTHE drain., and the2 THE cost of construction OF SUCH PURIFICATION FACILITIES shall be 3 paid for in the same manner as provided for in this act for other 4 drainage costs.Plants, beds, or devicesTHE PURIFICATION 5 FACILITIES may be described in the petitionfor the location,6establishment and construction of drains or in the petition for7the cleaning, widening, deepening, straightening, or extending of8drains, or in the application for the laying out of a drainage9districtTO ESTABLISH A DRAINAGE DISTRICT AND ESTABLISH AND CON- 10 STRUCT A DRAIN OR TO MAINTAIN OR IMPROVE A DRAIN. Petitions for 11 the construction ofplants, beds, and devicesTHE PURIFICATION 12 FACILITIES for use on any established drain may be filed by the 13 same persons and shall be received and all proceedings on the 14 petitions SHALL BE HELD in the same manner asother petitions15 for any drainage construction under this act. 16 (3) If the department of environmental quality determines 17 that sewage or wastes carried by any county or intercounty drain 18 constitutes unlawful discharge as prescribed by section 3109 or 19 3112of part 31ofAct No. 451 of the Public Acts of 1994,20being sections 324.3109 and 324.3112 of the Michigan Compiled21LawsTHE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 22 1994 PA 451, MCL 324.3109 AND 324.3112, that 1 or more users of 23 the drain are responsible for the discharge of sewage or other 24 wastes into the drain, and that the cleaning out of the drain or 25 the construction of disposal plants, filtration beds, or other 26 mechanical devices to purify the flow of the drain is necessary, 27 the department of environmental quality may issue to the drain 00488'99 * 180 1 commissioner, FOR A COUNTY DRAIN, OR DRAINAGE BOARD, FOR AN 2 INTERCOUNTY DRAIN, an order of determination identifying such 3 users and pollutants, under section 3112 ofAct No. 451 of the4Public Acts of 1994, being section 324.3112 of the Michigan5Compiled LawsTHE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION 6 ACT, 1994 PA 451, MCL 324.3112. The order of determination con- 7 stitutes a petitioncallingfor the construction ofdisposal8 PURIFICATION facilities or other appropriate measures by which 9 the unlawful discharge may be abated or purified. The order of 10 determination serving as a petition is in lieu of the 11determinationORDER of necessity by a drainage board pursuant 12 to chapter 20 or 21 or section122104 or 192 ora13determinationAN ORDER of necessity by a board of determination 14 pursuant to section7254 or 191, whichever is applicable. A 15 copy of the findings of the department shall be attached to the 16 order of determination.whichTHE ORDER OF DETERMINATION shall 17 requireno otherTHE signaturethan thatof the director of 18 the department of environmental quality ONLY. 19 (4) Upon receipt of the order of determination, the drain 20 commissioner or the drainage board shall proceed as provided in 21 this act tolocate, establish,ESTABLISH and construct a 22 drain. If the responsible users of the drain are determined to 23 be public corporations in the drainage district, the drain com- 24 missioner or the drainage board shall proceed as provided in 25 chapters 20 and 21, as may be appropriate, using the order of 26 determination as the final order of determination of the drainage 27 board. If the responsible users are determined to be private 00488'99 * 181 1 persons, the drain commissioner OR DRAINAGE BOARD shall proceed 2 as provided inchapters 8 and 9CHAPTER 8, using the order of 3 determination as the first order of determination. 4 (5)(4)Plans and specifications for the construction OF 5 PURIFICATION FACILITIES as part of a drainof any disposal6plant, filtration bed, or other mechanical device to properly7purify the flow of the drainshall be prepared by the drain com- 8 missioner or the drainage board. Contracts for construction 9 shall be let in the manner provided in this act.To meetTHE 10 DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL APPORTION the cost of 11 any preliminary engineering studies for the construction of 12abatement orpurification facilities, the drain commissioner13or the drainage board shall apportion the cost among the several14parcels of land, highways, and municipalities benefited thereby15in the same manner as provided in chapter 7 or against the public16corporations affected by the order of determination in the same17manner as provided in chapters 20 and 21IN THE SAME MANNER AS 18 PROVIDED IN CHAPTER 7, 20, OR 21, AS APPLICABLE. The costs and 19 charges for maintenance shall be apportioned and assessed each 20 year. If the apportionment is the same as the last recorded 21 apportionment, a day of review or a hearing on apportionments is 22 not necessary, but if the apportionment is changed, notice of a 23 day of review or a hearing on apportionments shall be given to 24 each person whose percentage is raised. 25 (6)(5)Land may be acquired as a site for the construc- 26 tion of suchplants, beds, and devices, and releases of land may27be obtained in the same manner as provided in this act for other00488'99 * 182 1lands acquired for right of wayPURIFICATION FACILITIES UNDER 2 SECTION 7. 3 (7)(6)A person shall not connect sewage or other waste 4 to a county or intercounty drain except with the written approval 5 of the appropriate commissioner or the drainage boardindorsed6 ENDORSED upon a written application for such service and the pay- 7 ment of a service fee of not to exceed $50.00 for each connection 8 to a covered drain. The application shall include information 9 showing that all other local, state, and federal approvals 10 related to the sewage or waste have been obtained. 11 (8)(7)The fee provided for in subsection(6)(7) shall 12 be set and collected by the drain commissioner, as approved by 13 the county board of commissioners or the drainage board, and 14 deposited with the county treasurer, to be credited to the drain 15 fund set up for the maintenance or construction of the drain. 16 The commissioner or the drainage board shall keep a record of 17 applications made and the action on the applications. The com- 18 missioner or the drainage board may reject applications for or 19 require such modification in requested applications for sewer 20 connections to county drains as necessary to attain the objec- 21 tives set forth in this section. 22 (9)(8) Subject to the review and approval of the depart-23ment of environmental quality, theTHE drain commissioner or 24 drainage board may study therequirements of personsNEED for 25 flood control ordrainagePOLLUTION CONTROL projects 26includingFOR THE PROTECTION OF THE PUBLIC HEALTH, SAFETY, AND 27 WELFARE. SUCH PROJECTS MAY INCLUDE sewage disposal systems, 00488'99 * 183 1 storm sewers, sanitary sewers, combined sanitary and storm 2 sewers, sewage treatment plants,and allOR other plants, 3 works, instrumentalities, and properties usefulin connection4withFOR the collection, treatment,andOR disposal of sewage 5 and industrial wastes or agricultural wastes or run-off., to6abate pollution or decrease the danger of flooding. The objec-7tive of such studies shall be that sewers, drains, and sewage8disposal facilities are made available to persons situated within9the territorial limits of any drainage district or proposed10drainage district as necessary for the protection of public11health and the promotion of the general welfare.12 (10)(9)The drainage board or drain commissioner may 13 cooperate, negotiate, and enter into contracts withother gov-14ernmental units and agencies or with any public or private corpo-15ration including the United States of America, and to take such16steps and perform such acts and execute such documents as may be17necessary to take advantage of any act of the congress of the18United States which may make available fundsA PRIVATE CORPORA- 19 TION, PUBLIC CORPORATION, THE FEDERAL GOVERNMENT, OR AN AGENCY 20 AND MAY DO WHAT IS NECESSARY TO OBTAIN FUNDS AVAILABLE UNDER FED- 21 ERAL LAW for any of the purposes described in this section. 22 (11)(10)Failure to comply with any of the provisions of 23 this section subjects the offender to the penalties described in 24 section602616. However, for each offense, a person who vio- 25 lates subsection(6)(7) is guilty of a misdemeanor punishable 26 by a fine of not more than $25,000.00 or imprisonment for not 27 more than9093 days, or both. In addition, the person may be 00488'99 * 184 1 required to pay the costs of prosecution and the costs of any 2 emergency abatement measures taken to protect public health or 3 the environment. Payment of a fine or costs under this subsec- 4 tion does not relieve a person of liability for damage to natural 5 resources or for response activity costs under the natural 6 resources and environmental protection act,Act No. 451 of the7Public Acts of 1994, being sections 324.101 to 324.90106 of the8Michigan Compiled Laws1994 PA 451, MCL 324.101 TO 324.90106. 9(11) As used in this section, "person" means an individual,10partnership, public or private corporation, association, govern-11mental entity, or other legal entity.12 Sec. 425. (1)A landowner in theONE OR MORE LANDOWNERS 13 IN A drainage district whose land requires additional drainage 14 may petition the DRAIN commissioner OR DRAINAGE BOARD for permis- 15 sion to construct an open or closed drain, or a combination 16 thereof, to a regularly established drain, and permission shall 17 be granted by the commissioner or drainage boardwhenIF, in 18their opinionTHE OPINION OF THE COMMISSIONER OR THE DRAINAGE 19 BOARD,the nature ofthe ground to be crossedwill admit20thereofIS SUITABLE FOR A DRAIN and the surface of the land can 21 be restored.and forFOR that purpose the drain may traverse 22 the lands of otherfreeholdersLANDOWNERS in the district. 23 Before permission may be granted by the DRAIN commissioner OR 24 DRAINAGE BOARD, consent in writing by the owner or owners of the 25 lands to be traversed by the proposed drain shall be obtained. 26 THE LANDOWNER OR LANDOWNERS GRANTED PERMISSION TO CONSTRUCT THE 27 DRAIN SHALL OBTAIN ANY PERMITS REQUIRED UNDER THE NATURAL 00488'99 * 185 1 RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 2 324.101 TO 324.90106, OR ANY OTHER STATE OR 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 be5traversed by the proposed drain,the drain may be established 6by following the provisions of this act governing the location,7establishment, and construction of county or intercounty drainage8districts and drains therein.AS OTHERWISE PROVIDED IN THIS ACT, 9 SUBJECT TO ALL OF THE FOLLOWING: 10 (A) A PETITION TO ESTABLISH A DRAINAGE DISTRICT AND ESTAB- 11 LISH AND CONSTRUCT A DRAIN UNDER THIS SECTION NEED ONLY BE SIGNED 12 BY THE PETITIONING LANDOWNER OR OWNERS. 13 (B) The entire expensethereofTO DESIGN AND CONSTRUCT A 14 DRAIN UNDER THIS SECTION shall be borne by thepetitioner, and15the construction of an open or closed drain or combination16thereof shall be done at a time and in a manner as the commis-17sioner or drainage board shall prescribe. When drains are con-18structed, the drain entrance shall be substantially protected19from driftwood and debris. An application to lay out and desig-20nate a drainage district or petition to locate, establish, and21construct a drain under the foregoing provisions of this section22shall only require the signature of the petitioning landowner or23owners, other provisions of this act notwithstanding. If permis-24sion is granted to tile the source of a drain, the commissioner25shall further prescribe the amount and part of the drain to be26tiled and the manner of tiling.PETITIONERS. 00488'99 * 186 1 (C) THE DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL PRESCRIBE 2 THE NATURE AND TYPE OF CONSTRUCTION OF THE DRAIN AND THE TIME AT 3 WHICH THE DRAIN SHALL BE CONSTRUCTED BY THE PETITIONERS. 4 (3) A person through whose land an open drain has been 5established andconstructed UNDER THIS ACT may make a written 6 request to the county drain commissioner OR DRAINAGE BOARD to be 7 permitted, athis own expense, to tile and cover with earth the8whole or a part thereof that may traverse his land, and theNO 9 EXPENSE TO THE DISTRICT, TO ENCLOSE THAT PART OF THE DRAIN THAT 10 TRAVERSES HIS OR HER LAND. THE commissioner may grant the 11 request SUBJECT TO RECEIPT OF A NEW EASEMENT, but in doing so 12heshall prescribe the size ofthetile AND TYPE OF 13 CONSTRUCTION to be used. A DEPOSIT OR BOND TO GUARANTEE CON- 14 STRUCTION MAY BE REQUIRED AND ADMINISTERED AS PROVIDED IN SECTION 15 433. A permit shall not be issued totile or crock an estab-16lished drain thatENCLOSE ANY PORTION OF A COUNTY OR INTERCOUNTY 17 DRAIN IF THE ENCLOSURE will decrease theareaDESIGN CAPACITY 18 of the drain as LAST established. 19 Sec. 429.SubjectA COUNTY DRAIN COMMISSIONER, SUBJECT to 20 theconsent andapproval of theseveral boards of supervisors21of this state and theCOUNTY BOARD OF COMMISSIONERS, OR THE 22 DRAINAGE BOARD OF AN INTERCOUNTY DRAINAGE DISTRICT, SUBJECT TO 23 THE APPROVAL OF THE COUNTY boards ofsupervisorsCOMMISSIONERS 24 of the counties comprising THE intercounty drainagedistricts,25the several county drain commissioners and the drainage boards of26intercounty drainage districts are hereby authorized to grant27untoDISTRICT, MAY GRANT TO the United Statesof Americathe 00488'99 * 187 1 right to use all the easements and rights-of-way conveyed to 2their respective drainage districtsTHE DRAINAGE DISTRICT or to 3 any county or counties lying wholly or in part insuch4districtsTHE DRAINAGE DISTRICT, for the construction and main- 5 tenance ofanyA county or intercounty drain by the United 6 States in connection with any flood control project undertaken by 7 the United States,acting through its war department or any8other federal department or agencyINCLUDING ANY AGENCY OF THE 9 UNITED STATES.In such cases in whichIF the work is to be 10 performed at the expense of the United States, itshall not be11 IS NOT necessary for the drain commissioner or drainage board to 12 advertise for bids or to let contracts for the construction or 13 maintenance ofany suchTHE flood control project. 14 Sec. 430. (1)Whenever anyIF A county or intercounty 15 drain is used for the transportation of sanitary sewage, the 16 county or counties within whose boundaries the drainage district 17 lies may contract underthe provisions of Act No. 129 of the18Public Acts of 1943, as amended, being sections 123.231 to19123.235 of the Compiled Laws of 1948,1943 PA 129, MCL 123.231 20 TO 123.236, or any other applicable act, for the disposal of 21 sewage therefrom, including any storm water necessarily mixed 22 therewith.In such caseIF SUCH A CONTRACT IS ENTERED INTO, 23 the drain commissioner or the drainage board may fix and collect 24 charges to cover the cost of the treatment and disposal of sani- 25 tary sewage.SuchTHE charges shall be approved by the major- 26 ity vote of the members-elect of the COUNTY board of 27supervisorsCOMMISSIONERS. The charges may be made to each 00488'99 * 188 1 user of the services or may be made to public corporations. 2 Contracts for periods not exceeding 50 years may be made between 3 the county and public corporations to be so served, in respect to 4 sewage disposal services, when approved by the governing bodies 5 of the several parties thereto. 6 (2) Charges for sewage disposal services furnished toany7 A premises shall be a lienthereonON THE PREMISES from the 8 datesuchTHE charges are due.and any chargesCHARGES delin- 9 quent for 6 months or more shall be certified annually to the 10 proper tax assessing officer or agency who shall enter thesame11 CHARGES upon the next tax roll against the premises to which 12suchTHE servicesshall have been rendered, and theWERE 13 RENDERED. THE charges shall be collected and the lien shall be 14 enforced in the same manner as provided for the collection of 15 taxes assessed uponsuchTHE roll and the enforcement of the 16 TAX lien.therefor.The time and manner of certification and 17 the other details in respect to the collection ofsuchTHE 18 charges and the enforcement ofsuchTHE lien shall be pre- 19 scribed by the governing body of the public corporation in which 20 the lands are located. The payment of charges for sewage dis- 21 posal services to any premises may be enforced by discontinuing 22 either the water service or the sewage disposal service tosuch23 THE premises, or both. 24 (3) The charges for sewage disposal services may also 25 include the cost of the operation and maintenance of any physical 26 structures and any administrative expenses in connection with the 27 transportation, treatment, and disposal of sanitary sewage. 00488'99 * 189 1 Sec. 431. (1)The drain commissioner or drainage board may2contract or make agreements with the federal government, includ-3ing any agency thereof, whereby the federal government will pay4the whole or any part of the cost of the project or will perform5the whole or any part of the work connected therewith, which con-6tract or agreementTHE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY 7 CONTRACT WITH THE FEDERAL GOVERNMENT OR ANY OTHER PERSON WITH 8 RESPECT TO THE ESTABLISHMENT, CONSTRUCTION, OPERATION, IMPROVE- 9 MENT, MAINTENANCE, USE, OR SERVICES OF ANY DRAIN, OR THE PAYMENT 10 OF THE COST FOR ANY DRAIN. A CONTRACT OR AGREEMENT WITH THE FED- 11 ERAL GOVERNMENT may include any specific terms required by act of 12 congress or federal regulation, not in conflict with state law, 13 as a condition for participation on the part of the federal 14 government.The drain commissioner or drainage board may con-15tract or make agreements with any private corporation or with any16public corporation, including any agency thereof, in respect to17any matter connected with the construction, operation or mainte-18nance of any flood control or drainage project or combination19thereof.The contract or agreement may provide that any payments 20 made or work done bytheA public corporation shall relieve it 21 in whole or in part from assessment for the cost of the project. 22No construction23 (2) CONSTRUCTION work shall NOT be undertaken by the drain 24 commissioner or drainage board until bids have been advertised 25 for and received for the performance ofsuchTHE work, but this 26provision shallREQUIREMENT DOES not apply to work to be 00488'99 * 190 1 performed solely by the federal government or a public 2 corporation at its expense. 3 (3) The drain commissioner or drainage board maycontract4or make agreements with private and public corporations and with5the federal government including any agency thereofCOOPERATE, 6 CONTRACT, OR MAKE AGREEMENTS WITH THE FEDERAL GOVERNMENT OR ANY 7 OTHER PERSON for the purpose of expanding any flood control or 8 drainage project or combination thereof to include the conserva- 9 tion and utilization of soil and water for recreation and other 10 beneficial purposes. The contracts or agreements shall provide 11 for an equitable sharing of the costs of the expanded flood con- 12 trol or drainage project or combination thereof and the cost 13 borne by a drainage district shall not be in excess of the amount 14 which can be attributed solely to drainage and flood control. 15The drain commissioner or drainage board, may acquire by gift or16purchase the necessary lands, and rights of way for the purposes17of any expanded flood control or drainage project or combination18thereof. The drain commissioner or drainage board may acquire by19condemnation proceedings similar to those provided in chapter 420and chapter 6 of this act, the necessary lands and rights of way21for any expanded flood control or drainage project or combination22thereof which shall be undertaken jointly with a public corpora-23tion or the federal government.The drain commissioner or drain- 24 age board may pay for the costs oflands taken by condemnation25 ACQUIRING PROPERTY for an expanded flood control or drainage 26 project or combination thereof, undertaken jointly with a public 27 corporation or the federal government, but the public corporation 00488'99 * 191 1 or federal government shall promptly reimburse the drainage 2 district for all costs of acquisition in excess of those costs 3 directly attributable to drainage and flood control. 4The term "public corporation" includes the state, counties,5cities, villages, townships, metropolitan districts and authori-6ties created by or pursuant to state statutes.7 Sec. 433. (1)An existing intracountyA COUNTY or inter- 8 county drainage district may be enlarged andtheAN ESTABLISHED 9 drainlocated in the districtmay be extended or have branches 10 added to providedrainageservice tolands not originally11 LAND within the EXISTING boundaries oftheA drainage district 12 OR TO PROVIDE SERVICE TO LAND CONTIGUOUS TO A DRAINAGE DISTRICT, 13 by agreement between the drain commissioner or the drainage board 14 and the owner of thelands;LAND, or if there is a developer of 15 the lands who is not the owner, between the drain commissioner or 16 the intercounty drainage board and the owner and the developer of 17 thelandsLAND. The agreement shall obligate the owner and the 18 developer, if any, of thelands to be added to the drainage19districtLAND to construct, in accordance with plans and speci- 20 fications prepared by or approved by the drain commissioner or 21 drainage board, the necessary and adequate drainage facilities 22on the lands to be added and in the existing drainage district23to connect the lands to the existing drain in the drainage24districtand to pay the costofTO CONSTRUCT the drainage 25 facilities, including right-of-way, EASEMENTS, engineering, 26 inspection, administration, and legal expenses incurred by the 27 drain commissioner or the drainage board., or to deposit with00488'99 * 192 1the drain commissioner or drainage board, upon execution of the2agreement,THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY REQUIRE 3 A GOOD FAITH DEPOSIT OR BOND EQUAL TO the estimated cost of the 4 construction and expenses. THE AMOUNT OF THE DEPOSIT OR BOND 5 SHALL BE REFUNDED TO THE OWNER, OR THE BOND RETURNED, UPON FINAL 6 ACCEPTANCE OF THE WORK BY THE DRAIN COMMISSIONER OR DRAINAGE 7 BOARD. 8 (2) BeforeanyAN agreement is approved and executed on 9 behalf of a drainage district by the drain commissioner or drain- 10 age board, there shall be obtained, at the expense of the owner 11 or developer of thelands to be addedLAND, a certificate,12 from aregisteredLICENSED professional engineer AND satisfac- 13 tory to the drain commissioner orthedrainage board., to the14effect thatTHE CERTIFICATE SHALL CERTIFY BOTH OF THE 15 FOLLOWING: 16 (A) THAT the lands to be added naturally drain into the area 17 served by the existing drain or that the existing drain is the 18 only reasonably available outlet for the drainage from the lands 19 to be added.and that20 (B) THAT there isexistingcapacity in the existing drain 21 to serve thelands to beadded LANDS OR TO ACCOMMODATE ADDI- 22 TIONAL DRAINAGE PROVIDED without detriment to or diminution of 23 the drainage service provided or to be provided,in the fore- 24 seeable future, to the area in the existing drainage district. 25 (3) If theexistingdrain in the existing drainage dis- 26 trict has been financed by the levy of drain special assessments 27 on the lands in thedrainagedistrict and if the basis of 00488'99 * 193 1 special assessment as applied to the lands to be added to the 2 drainage district would result in a drain special assessment on 3 the ADDED landsto be addedin an aggregate principal amount 4 greater than the costs and expenses to be paid or incurred by the 5 owner and developer, if any, of thelands for the newLAND TO 6 CONSTRUCT ADEQUATE drain facilities at the time of entering into 7 the agreement, then the owner or developer OF THE LAND shall also 8 pay the amount of the excess to the drainage district at the time 9 of execution of the agreement. In addition, thedeveloper or10 owner of the addedlandsLAND shall pay a pro rata equitable 11 share of the cost of the original construction of the drain, if 12 any. 13 (4)(3) LandsLAND added toanyA drainage district by 14 agreement shall be liable from and after the date of THE agree- 15 ment for all assessments leviedafter the date of the agreement16 for operation and maintenance of the drain, including the exten- 17 sion of the drain pursuant to the agreement, and thelandsLAND 18 shall THEREAFTER be a part of the drainage district for all other 19 purposes and procedures set forth in this act. All drain 20 facilities,and allrights-of-way, easements, or property in 21 which the facilities are located, acquired, or constructed pursu- 22 ant to the agreementto add landsshall be dedicated to public 23 use or conveyed or transferred to the drainage district.and24theTHE drain facilities shall be a part of the drain the same 25 as if originallylocated, established,ESTABLISHED and con- 26 structedby procedures set forth inUNDER this act.as a part27of the original drain.00488'99 * 194 1 (5)(4) An existing intracounty or intercounty drain may be2extended or have branches added to provide additional service to3lands within the drainage district by agreement between the drain4commissioner or the drainage board and the owner of the lands; or5if there is a developer of the lands who is not the owner,6between the drain commissioner or the drainage board and the7owner and the developer of the lands, pursuant to the procedures8and conditions set forth in this section. The affected public9 PUBLIC corporationsor municipalities in which the proposed10lands are to be added willAFFECTED BY AN AGREEMENT PROVIDED FOR 11 IN THIS SECTION SHALL be apprised of the agreement by the drain 12 commissioner or drainage boardand who shall also publish13noticeBY FIRST-CLASS MAIL OR PERSONAL SERVICE. NOTICE of the 14 agreement SHALL ALSO BE PUBLISHED in a newspaper of general cir- 15 culation in the drainage district.in question.16 (6)(5)By agreement with a landowner, and the developer, 17 if any, the drain commissioner orintercountydrainage board 18 may establish an existing private drainwhichTHAT IS WITHIN A 19 DRAINAGE DISTRICT AND THAT was constructed by the landowner or 20 developer to service an area on his or her own land.as a county21or intercounty drain.THE LANDOWNER SHALL PROVIDE PLANS AND 22 EASEMENTS IN FORM ACCEPTABLE TO THE DRAIN COMMISSIONER OR DRAIN- 23 AGE BOARD. 24 (7)(6)If a drain established pursuant to subsection 25(5)(6) adds lands to an existing drainage district,the pro-26visions of subsections (2) and (3) shallSUBSECTIONS (3) AND (4) 27 apply. 00488'99 * 195 1 (8)(7)If a drain established pursuant to subsection 2(5)(6) is independent from an existing drainage district, a 3 certificate shall be obtained,AS PROVIDED IN SUBSECTION (2) 4 AND at the expense of the landowner or developer of thelands5 LAND served by the proposed drain., from a registered profes-6sional engineer satisfactory to the drain commissioner or the7intercounty drainage board to the effect that the outlet for the8existing drain is the only reasonably available outlet for the9drain and that there is sufficient capacity in the existing10outlet for the proposed drain to serve as an adequate outlet11without detriment to or diminution of the drainage service which12the outlet presently provides.All drain facilities,and all13 rights-of-way, easements, or property in which the facilities are 14 located, acquired, or constructed pursuant to the agreement to 15 establish the drain shall be dedicated to public use or conveyed 16 or transferred to the drainage district.and theTHE drain 17 facilities and drainage district shall be an established drain 18 and drainage district the same as if originallylaid out and19designated, located, established,ESTABLISHED and constructed 20by procedures set forth inUNDER this act.All plansPLANS 21 and specifications, including a map and a description of the 22 drainage district,pertaining to the private drain as may be23required by the drain commissioner or intercounty drainage board24 shall be furnished to the drain commissioner orintercounty25 drainage board. 26 (9)(8)The landowner or developer who transfers a drain 27 pursuant tosubsection (5)THIS SECTION shall deposit with the 00488'99 * 196 1 drain commissioner or drainage board FUNDS IN THE AMOUNT OF 5% of 2 the cost of the drain but not more than$2,500.00$5,000.00. 3 The money received by the drain commissioner or intercounty 4 drainage board pursuant to this subsection shall be deposited in 5a specialTHE drain fundwhich shall be used for the future6maintenance of the transferred drainFOR THE DRAIN AND USED AS 7 PROVIDED IN SECTION 196. 8 (10) BEFORE UNDERTAKING CONSTRUCTION ACTIVITY UNDER THIS 9 SECTION, A LANDOWNER OR DEVELOPER SHALL OBTAIN ANY PERMITS 10 REQUIRED UNDER THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION 11 ACT, 1994 PA 451, MCL 324.101 TO 324.90106, OR ANY OTHER STATE OR 12 FEDERAL LAW. 13 CHAPTER 20.14INTERCOUNTYCOUNTY DRAINS; PUBLIC CORPORATIONS.15 Sec. 463.(1) Before filing a petition under this section,16the legislative body of a public corporation shall first deter-17mine whether the drain project contemplated may necessitate the18levy of a special assessment, fee, or charge under section 490.19If the legislative body determines that a special assessment,20fee, or charge may be made under section 490, before filing a21petition under this section, the legislative body shall proceed22as provided in section 489a.23 (1)(2) If it is necessary for the public health to locate,24establish, and construct a county drain, a petition for that pur-25pose may be filed with the county drain commissioner signed by 226or more public corporations which will be subject to assessments27to pay the cost of the drainTO INITIATE THE ESTABLISHMENT OF A 00488'99 * 197 1 DRAINAGE DISTRICT AND THE ESTABLISHMENT AND CONSTRUCTION OF A 2 COUNTY DRAIN THAT IS NECESSARY FOR THE PUBLIC HEALTH OR THE MAIN- 3 TENANCE AND IMPROVEMENT OF SUCH A DRAIN, 1 OR MORE CITIES, VIL- 4 LAGES, AND TOWNSHIPS THAT WILL BE SUBJECT TO ASSESSMENT TO PAY 5 THE COST OF THE DRAIN MAY FILE A PETITION WITH THE COUNTY DRAIN 6 COMMISSIONER AS PROVIDED IN SECTION 14. The petition shall state 7 that it is filed pursuant to this chapter,and shall describe8the location and route of the proposed drain sufficiently to9determine with reasonable certainty the areas to be serviced by10the drain.REQUEST THE ESTABLISHMENT OF A DRAINAGE DISTRICT AND 11 THE ESTABLISHMENT AND CONSTRUCTION OF A DRAIN, AND SET FORTH THE 12 REASONS FOR THE REQUEST. THE PETITION MAY PROPOSE A LOCATION AND 13 ROUTE FOR THE DRAIN. 14(3) Not more than 20 days after the petition is filed, the15county drain commissioner shall notify each public corporation16which may be subject to an assessment or in which is located any17of the areas to be drained, as described in the petition, that a18petition was filed.19 (2)(4) A certified copy of the resolution of the governing20body of each signer authorizing the affixing of the signature of21the governing body to the petition shall be attached to the22petition. The petition may be filed in more than 1 counterpart.23For a petition filed by a county, the county board of commission-24ers shall authorize the execution of the petition, and for a25petition filed by the state, the state transportation commission26shall authorize the execution of the petition.THE PETITION MAY 27 BE FILED IN MORE THAN 1 COUNTERPART. As provided in section 423, 00488'99 * 198 1 an order of determination of thewater resources commission2 DEPARTMENT OF ENVIRONMENTAL QUALITY shall also serve as a peti- 3 tion made pursuant to this chapter. 4 (3) NOT MORE THAN 28 DAYS AFTER THE PETITION IS FILED, THE 5 COUNTY DRAIN COMMISSIONER SHALL NOTIFY EACH PUBLIC CORPORATION 6 WHICH MAY BE SUBJECT TO AN ASSESSMENT OR IN WHICH IS LOCATED ANY 7 OF THE AREAS TO BE DRAINED, AS DESCRIBED IN THE PETITION, THAT A 8 PETITION WAS FILED. 9 Sec. 464. (1)ThereA DRAINAGE BOARD is created for each 10 project petitioned for under this chapter., a drainage board11that, exceptEXCEPT as otherwise provided in subsection (2), THE 12 DRAINAGE BOARD shall consist of the drain commissioner of the 13 county, the chairperson of the county board of commissioners OR A 14 MEMBER OF THE COUNTY BOARD OF COMMISSIONERS DESIGNATED BY THAT 15 CHAIRPERSON, and the chairperson of the board of county 16 auditors. If there is no board of county auditors in the county, 17 then the chairperson of the finance committee of the county board 18 of commissionersshall act as a member of the drainage board,19and ifOR A MEMBER OF THE COUNTY BOARD OF COMMISSIONERS DESIG- 20 NATED BY THAT CHAIRPERSON SHALL BE A MEMBER OF THE DRAINAGE 21 BOARD. IF there is neither a board of county auditors nor A 22 finance committee, then the chairperson of the county board of 23 commissioners shall select from time to time 1 member of the 24 county board of commissioners to act as a member of the drainage 25 board.If a member of the drainage board who is a commissioner,26as provided in this section or section 487, is interested in a27project petitioned for under this chapter, by reason of his or00488'99 * 199 1her holding an elected or appointed office in a public2corporation to be assessed for the cost of the project, he or she3is disqualified to act as a member of the drainage board with4respect to the project. In such case the vice-chairperson or5chairperson pro tempore of the county board of commissioners or6of the finance committee of the county board of commissioners, if7not also disqualified, shall act as the member. If the8vice-chairperson or chairperson pro tempore is disqualified, the9drain commissioner of the county shall designate a member of the10county board of commissioners who is not disqualified to act as a11member of the drainage board for the project. The chairperson of12the county board of commissioners and any member of a county13board of commissioners serving onA MEMBER OF the drainage board 14 shall receivethecompensation, mileage, and expensesas pro-15vided by the drainage board. However, compensation paid to a16member shall not exceed $25.00 per diem, exclusive of mileage and17expenses, for attendance at drainage board meetingsWHICH SHALL 18 BE DETERMINED AS PROVIDED IN SECTION 52 FOR MEMBERS OF A BOARD OF 19 DETERMINATION. The county drain commissioner shall be chair- 20 person of the drainage board. The chairperson shall keep minutes 21 of the proceedings of the drainage board and all records and 22 files of the board shall be kept in his or her office.In coun-23ties of less than 500,000 population, the commissioner shall be24paid the same compensation as other members of the drainage25board.26 (2) In a county organized under a charter adopted underAct27No. 293 of the Public Acts of 1966, being sections 45.501 to00488'99 * 200 145.521 of the Michigan Compiled Laws1966 PA 293, MCL 45.501 TO 2 45.521, that has a population of more than 2,000,000 at the time 3 the charter is adopted and whose charter prescribes an elected 4 county executive, the drainage board shall consist of the follow- 5 ing members: 6 (a) The person designated by the charter to carry out the 7 administrative duties of the drain commissioner or that person's 8 designee, who shall also serve as chairperson of the drainage 9 board. 10 (b) The county commissioner whose district will be assessed 11 for the greatest portion of the cost of the project, or that 12 county commissioner's designee. The determination of which 13 county commissioner is qualified to sit under this subdivision 14 shall initially be made by the chairperson of the drainage board 15at the timeWHEN the petition for the project is filed. After 16 the final order of apportionment is issued under section 469, the 17 county commissioner who qualifies under this section shall become 18 the county commissioner member and serve until another apportion- 19 ment is established requiring the seating of another 20 commissioner. 21 (c) A person appointed by the county executive with the 22 advice and consent of a majority of the members of the county 23 board of commissioners elected or appointed and serving. 24 (3) In a county described in subsection (2), the require- 25 ments in this chapter for substantive actions and determinations 26 shall be followed in administering each project petitioned for 00488'99 * 201 1 under this chapter, subject to and in accordance with any 2 applicable provisions of the county charter. 3 Sec. 465. (1) A meeting of the drainage board may be called 4 by the chairperson or 2 members of the board., on notice sent5by registered mail to each member, setting forth the time, date,6and place of the meeting. The notice shall be mailed not less7than 5 days before the time of the meeting. The affidavit of8the chairman as to such mailing shall be conclusive proof9thereof.NOTICE OF THE MEETING SHALL BE GIVEN AS PROVIDED IN 10 SECTION 8. 11 (2) A majority of the members of the boardshallconsti- 12 tute a quorum for the transaction of business, but a lesser 13 number may adjourn from time to time.A meeting may be14adjourned from time to time.Unless otherwise provided in this 15 act, an action shall not be taken by the board except by a major- 16 ity vote of its members.In the event of the adjournment of a17hearing, it shall not be necessary to advertiseIF A HEARING IS 18 ADJOURNED, IT IS NOT NECESSARY TO GIVE NOTICE OF the adjournment 19 of the hearing. 20 (3) All orders issued by the drainage board shall be signed 21 by the chairperson. 22 Sec. 466. Upon receipt of a petitionas hereinbefore23providedUNDER THIS CHAPTER, the county drain commissioner shall 24 call the first meeting of the drainage board BY GIVING NOTICE OF 25 THE MEETING AS DESCRIBED IN SECTION 465.In the event there be26no board of county auditors orHOWEVER, IF THERE IS NEITHER A 27 BOARD OF COUNTY AUDITORS NOR A finance committee in the county, 00488'99 * 202 1 then notice to thechairmanCHAIRPERSON of the COUNTY board of 2supervisorsCOMMISSIONERS ofsuchTHE county shallbe deemed3to beSERVE AS notice to the member of the COUNTY board of 4supervisorsCOMMISSIONERS to be selected byhimTHE CHAIR- 5 PERSON UNDER SECTION 464. 6 Sec. 467. (1) The drainage board, at its first meeting, 7 shall consider the petition for the project UNDER THIS CHAPTER 8 and make a tentative determination as to the sufficiency of the 9 petition and the practicability of the proposeddrainPROJECT, 10 and shall further make a tentative determination of the public 11 corporations to be assessed. The drainage board shall give a 12 name to the drain and to the drainage district. The district 13 shall be composed of the public corporations to be assessed for 14 the cost of the project. 15 (2) After the drainage boardhas madeMAKES the 16 determination, it shall fix a time, date, and place it will meet 17 to hear objections to the proposed drain and the petition for the 18 drain, and to the matter of assessing the cost of the drain to 19 the designated public corporations. Notice of the hearing shall 20 bepublished twice in the county by inserting the notice in at21least 1 newspaper published in the county, designated by the22drainage board, with the first publication to be not less than 2023days before the time of the hearing. The notice shall also be24sent by registered mail to the clerk or secretary of each public25corporation proposed to be assessed, except that a notice to the26state shall be sent to the state highway director and a notice to27a county shall be sent to both the county clerk and the county00488'99 * 203 1road commission. The mailing shall be made not less than 20 days2before the time of the hearing. The notice shall be signed by3the chairperson and proof of the publication and mailing of the4notice shall be filed in his or her office. The drainage board5may provide a form to be substantially followed in the giving of6the notice.GIVEN AS PROVIDED IN SECTION 8. 7 (3) After the hearing, the drainage board shall make a 8 determination as to the sufficiency of the petition, the practi- 9 cability of thedrain, whether the drain should be constructed10 PROJECT, WHETHER THE PROJECT IS NECESSARY AND CONDUCIVE TO PUBLIC 11 HEALTH, and if so, the public corporations to be assessed, and 12 shall issue its order accordingly. The order shall be known as 13 the final order of determination. A public corporation shall not 14 be eliminated from, or added to, those tentatively determined to 15 be assessed without a rehearing after notice AS PROVIDED IN 16 SUBSECTION (2). 17 SEC. 467A. (1) AFTER THE DRAINAGE BOARD ENTERS THE FINAL 18 ORDER OF DETERMINATION, THE DRAINAGE BOARD SHALL SECURE THE SERV- 19 ICE OF AN ENGINEER. THE DRAINAGE BOARD SHALL SELECT THE ENGINEER 20 BASED ON HIS OR HER QUALIFICATIONS. THE ENGINEER SHALL PREPARE 21 PLANS, SPECIFICATIONS, AND AN ESTIMATE OF COSTS OF THE PROPOSED 22 DRAIN. THE DRAINAGE BOARD SHALL SECURE FROM THE ENGINEER OR A 23 SURVEYOR A DESCRIPTION OF THE LANDS OR RIGHTS-OF-WAY NEEDED FOR 24 THE PROPOSED DRAIN. THE DRAINAGE BOARD SHALL SECURE FROM AN 25 ENGINEER OR OTHER QUALIFIED PROFESSIONAL AN EVALUATION OF THE 26 EFFECTS OF THE PROPOSED DRAIN ON NATURAL RESOURCES THAT 27 IDENTIFIES APPROPRIATE PRACTICAL MEASURES TO MINIMIZE ADVERSE 00488'99 * 204 1 EFFECTS. IN APPROVING THE ROUTE OF THE DRAIN AS FURNISHED BY THE 2 ENGINEER, THE DRAINAGE BOARD IS NOT LIMITED TO THAT DESCRIBED IN 3 THE PETITION OR IN THE FINAL ORDER OF DETERMINATION, IF THE NEW 4 ROUTE IS MORE EFFICIENT AND SERVICEABLE. 5 (2) THE DRAINAGE BOARD SHALL OBTAIN ANY PERMITS REQUIRED 6 UNDER THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 7 1994 PA 451, MCL 324.101 TO 324.90106. ALL COSTS ASSOCIATED WITH 8 EVALUATING NATURAL RESOURCE IMPACTS AND IMPLEMENTING THE MEASURES 9 TO MINIMIZE THOSE IMPACTS SHALL BE THE RESPONSIBILITY OF THE 10 DRAINAGE DISTRICT. 11 (3) SUBJECT TO SUBSECTION (4), MEASURES THAT ARE INTENDED TO 12 IMPROVE OR ENHANCE NATURAL RESOURCES VALUES MAY BE INCLUDED AS 13 PART OF THE DRAINAGE PROJECT IN THE DISCRETION OF THE DRAINAGE 14 BOARD. THE FUNDING FOR THE COSTS OF SUCH MEASURES MAY INCLUDE 15 GIFTS, DONATIONS, GRANTS, AND CONTRACTS PURSUANT TO SECTION 431, 16 SPECIAL ASSESSMENTS OR ANY COMBINATION THEREOF AS CONSIDERED 17 APPROPRIATE BY THE DRAIN COMMISSIONER. 18 (4) IF THE PROPOSED DRAIN IS LOCATED IN A WATERSHED MANAGE- 19 MENT DISTRICT FOR WHICH A WATERSHED MANAGEMENT PLAN HAS BEEN 20 ADOPTED UNDER SECTION 595, THE DRAINAGE BOARD SHALL UNDERTAKE THE 21 ESTABLISHMENT AND CONSTRUCTION OF THE DRAIN, INCLUDING, BUT NOT 22 LIMITED TO, MEASURES TO IMPROVE OR ENHANCE NATURAL RESOURCE 23 VALUES, CONSISTENT WITH THE WATERSHED MANAGEMENT PLAN. 24 SEC. 467B. IF, AFTER THE RECEIPT OF THE PLANS, SPECIFICA- 25 TIONS, ESTIMATE OF COST, AND DESCRIPTIONS OF THE LANDS OR 26 RIGHTS-OF-WAY NEEDED FOR THE PROPOSED DRAIN, THE DRAINAGE BOARD 27 DETERMINES THAT THE PROJECT IS NOT PRACTICAL, THE DRAINAGE BOARD 00488'99 * 205 1 SHALL NOTIFY THE PUBLIC CORPORATIONS IN THE DISTRICT BY 2 FIRST-CLASS MAIL OF THE INTENT TO REJECT THE PETITION. THE 3 NOTICE SHALL SPECIFY THE REASONS FOR THE PROPOSED REJECTION. THE 4 NOTICE SHALL ALSO SPECIFY A TIME, DATE, AND PLACE FOR A PUBLIC 5 HEARING TO HEAR OBJECTIONS TO THE REJECTION OF THE PETITION. AT 6 THE PUBLIC HEARING, THE DRAINAGE BOARD SHALL ELICIT TESTIMONY AND 7 EVIDENCE WITH REGARDS TO THE PROPOSED REJECTION. FOLLOWING THE 8 RECEIPT OF TESTIMONY, THE DRAINAGE BOARD SHALL DETERMINE WHETHER 9 OR NOT THE PETITION SHOULD BE REJECTED. IF THE REJECTION IS 10 DETERMINED TO BE PRACTICAL, THE DRAINAGE BOARD SHALL ENTER AN 11 ORDER OF REJECTION AND APPORTION ALL COSTS INCURRED TO THE DIS- 12 TRICT AS IF THE PROJECT HAD BEEN BUILT AND THE COSTS SHALL BE 13 SUBSEQUENTLY ASSESSED AND PAID AS PROVIDED IN THIS CHAPTER. A 14 DETERMINATION TO REJECT A PETITION DOES NOT LIMIT THE RIGHT TO 15 FILE ANOTHER PETITION. 16 Sec. 468. (1)The drainage board shall secure from a com-17petent engineer, plans, specifications, and an estimate of cost18of the proposed drain, which, when approved and adopted by the19board, shall be filed with the chairman thereof. In approving20the plans and specifications, the drainage board shall not be21limited to the route of the drain described in the petition or22the final order of determination.The drainage board shall ten- 23 tatively establish the percentage of the cost of the drain or of 24 the several sections or parts thereof which is to be borne by 25 each public corporation. In making the apportionments 26hereunder, there shall be taken into consideration the benefits27to accrue to each public corporation and also the extent to which00488'99 * 206 1each public corporation contributes to the conditions which make2the drain necessary. Apportionments against the state shall be3based upon the benefits and contributions as related solely to4the drainage of state highways, and those against the county5shall be based as related solely to the drainage of its county6highways.TO CITIES, VILLAGES, AND TOWNSHIPS, THE DRAINAGE BOARD 7 SHALL CONSIDER THE BENEFITS TO ACCRUE TO EACH CITY, VILLAGE, OR 8 TOWNSHIP AND ALSO THE EXTENT TO WHICH EACH CITY, VILLAGE, OR 9 TOWNSHIP CONTRIBUTES TO THE CONDITIONS THAT MAKE THE DRAIN NECES- 10 SARY, SUBJECT TO SECTION 500. APPORTIONMENTS AGAINST THIS STATE 11 OR A COUNTY SHALL RELATE SOLELY TO STATE TRUNK LINE HIGHWAYS OR 12 COUNTY ROADS, RESPECTIVELY. THE APPORTIONMENT OF BENEFITS FOR 13 STATE TRUNK LINE HIGHWAYS AND THE PORTION PAID BY COUNTY ROAD 14 COMMISSIONS FOR BENEFIT TO COUNTY ROADS MUST BE PAID PURSUANT TO 15 SECTION 14A OF 1951 PA 51, MCL 247.664A. Before a tentative 16 apportionmentshall beIS made, the drainage board shall desig- 17 nate the area to be served by the drain project, which may or may 18 not include all of the area in apublic corporationCITY, VIL- 19 LAGE, OR TOWNSHIP to be assessed and may divide the drain into 20 sections or parts for purposes of apportionment or construction. 21Nothing herein contained shall prohibit the county from assuming22anyTHE COUNTY MAY ASSUME AN additional cost of the drainif23 BY THE VOTE OF 2/3 of the members elect of the county board of 24 commissioners.vote in favor thereof.25 (2) The apportionment shallonlyapply to the proposed 26 drain CONSTRUCTION OR IMPROVEMENT PROJECT AND SEPARATE 27 MAINTENANCE APPORTIONMENTS FOR THE DRAIN MAY BE ESTABLISHED. The 00488'99 * 207 1 apportionments for any extensions or other work subsequently 2 performed under section 482 shall be reestablished by the board. 3When chapter 25 is employed in the apportionment of costs, the4above5 (3) THE proceedingsshallIN THIS CHAPTER MAY be altered 6 and supplemented as provided in chapter 25. 7 Sec. 469. (1) After the tentative apportionments of cost 8 have been made, the drainage board shall set a time, date, and 9 place it will meet and hear objections to the apportionments. 10 Notice of the hearing shall bepublished twice in the county by11inserting the notice in at least 1 newspaper published in the12county, designated by the drainage board, the first publication13to be not less than 20 days before the time of the hearing. The14notice shall also be sent by registered mail to the clerk or sec-15retary of each public corporation proposed to be assessed, except16that a notice to the state shall be sent to the state highway17director and a notice to the county shall be sent both to the18county clerk and the county road commission. The mailing shall19be made not less than 20 days before the time of hearing. The20notice shall be signed by the chairperson and proof of the publi-21cation and mailing of the notice shall be filed in his or her22office. The drainage board may provide a form to be substan-23tially followed in the giving of the noticeGIVEN AS PROVIDED IN 24 SECTION 8. The notice shall include tentative apportionments to 25 the several public corporations. 26 (2) After the hearing, the drainage board may confirm the 27 apportionments as tentatively made, or if it considers the 00488'99 * 208 1 apportionments to be inequitable, it shall readjust the 2 apportionments. If the readjustment involves the increasing of 3 an assessment and an increaseshallIS notbeconsented to by 4 resolution of the governing body of the public corporation whose 5 assessment was increased, before any readjusted apportionments 6 are confirmed the drainage board shall set a time, date, and 7 place for a rehearing and shall give notice of the hearing as 8 PROVIDED inthe first instanceSUBSECTION (1). The notice 9 shall also set forth the apportionments as readjusted. After 10 confirmation, the drainage board shall issue its order setting 11 forth the several apportionments as confirmed. The order shall 12 be known as the final order of apportionment. 13 (3) AFTER ISSUING THE FINAL ORDER OF APPORTIONMENT, THE 14 DRAINAGE BOARD SHALL ACQUIRE UNDER SECTION 7 PROPERTY NECESSARY 15 FOR THE DRAIN. 16 Sec. 472. The county treasurer shall be the custodian of 17 the funds of the drainage district.HeTHE COUNTY TREASURER 18 may designate 1 or more of his OR HER deputieswho mayTO act 19 forhimTHE COUNTY TREASURER in the performance of any of his 20 OR HER duties under this section. The drainage board may require 21 the county treasurer and any deputy county treasurer so desig- 22 nated to furnish a bond payable to the drainage district, in 23 addition to any bond payable to the county, conditioned upon the 24 faithful discharge of his OR HER duties in respect tomoneys25 MONEY belonging to the drainage district., theTHE premium 26thereon toON THE BOND SHALL be paid by the drainage district. 27MoneysMONEY held bysaidTHE treasurer shall be paid out 00488'99 * 209 1 only upon order of the drainage board, except thatno such order2shall beAN ORDER IS NOT required for the payment of principal 3 and interest on bonds. 4 Sec. 473. (1) AFTER THE CONFIRMATION OF THE APPORTIONMENTS 5 BY THE DRAINAGE BOARD, THE CHAIRPERSON OF THE BOARD SHALL PREPARE 6 A COMPUTATION OF THE ESTIMATED COST OF THE DRAIN PROJECT OR, IF 7 THE ACTUAL COST HAS BEEN ASCERTAINED, THE ACTUAL COST, INCLUDING 8 THE ITEMS LISTED IN SECTION 261 AND INTEREST ON ANY MONEY 9 ADVANCED PURSUANT TO SECTION 479. 10 (2) After theconfirmation of the apportionments by the11drainage board, the chairmanPREPARATION OF THE COMPUTATION OF 12 COSTS BY THE CHAIRPERSON OF THE DRAINAGE BOARD, THE CHAIRPERSON 13 of the board shall prepare a special assessmentrollSCHEDULE 14 assessing the estimated cost of the drain, or if the actual cost 15 has been ascertained, then the actual cost AND ANY INTEREST ON 16 BONDS OR OTHER EVIDENCES OF INDEBTEDNESS, against the several 17 public corporations in accordance with the confirmed 18 apportionments. The drainage board may provide for the payment 19 of the special assessments in any number of annual installments, 20 not exceeding 30, but an installment shall not be less than 1/4 21 of any subsequent installment. THE DRAINAGE BOARD SHALL FIX A 22 DATE, NOT LATER THAN 4 YEARS AFTER CONFIRMATION, FOR THE PAYMENT 23 OF THE FIRST INSTALLMENT SO THAT EACH PUBLIC CORPORATION CAN MAKE 24 A TAX LEVY FOR THE PAYMENT OF THE INSTALLMENT. SUBSEQUENT 25 INSTALLMENTS SHALL BECOME DUE ANNUALLY ON THE SAME DAY AND MONTH 26 OF SUBSEQUENT YEARS. A CITY OR VILLAGE MAY ELECT TO SPREAD THE 00488'99 * 210 1 TAX LEVY UPON THE COUNTY TAX ROLL INSTEAD OF THE CITY OR VILLAGE 2 TAX ROLL. 3 (3) INSTALLMENTS OF ASSESSMENTS AGAINST THE STATE AND 4 AGAINST PUBLIC CORPORATIONS WHICH COLLECT THEIR TAXES BEGINNING 5 APPROXIMATELY DECEMBER 1 IN EACH YEAR SHALL BECOME DUE AND PAY- 6 ABLE ON OR BEFORE APRIL 1 OF EACH YEAR. INSTALLMENTS OF ASSESS- 7 MENTS AGAINST OTHER PUBLIC CORPORATIONS SHALL BECOME DUE AND PAY- 8 ABLE ON OR BEFORE THE DATES FIXED BY THE DRAINAGE BOARD, DEPEND- 9 ING UPON THE TIMES OF THE COLLECTION OF TAXES BY THE PUBLIC 10 CORPORATIONS. The drainage board shall fix the commencement date 11 of interest to be paid upon unpaid installments, not to exceed an 12 amount sufficient to pay interest on bonds or other evidences of 13 indebtedness issued or to be issued by the drainage district.,14whichTHE interest shall become due annually on the day and 15 month upon which the annual installments become due but may 16 become due in years before the due date of the first 17 installment. The drainage board may provide for the payment of 18 installments in advance of their respective due dates and may 19 prescribe the terms and conditionsthereof. The drainage board20shall fix the date, not later than 4 years after confirmation on21which the first installment of special assessments shall become22due and payable so that each public corporation can make a tax23levy for the payment, and subsequent installments shall become24due annually on the same day and month of subsequent years. When25chapter 25 is employed in the apportionment of costs, the above26proceedings shall be altered and supplemented as provided in27chapter 25FOR ADVANCE PAYMENTS. 00488'99 * 211 1 (4) THE SPECIAL ASSESSMENT SCHEDULE SHALL CONTAIN ALL OF THE 2 FOLLOWING: 3 (A) THE NAME OF EACH PUBLIC CORPORATION ASSESSED. 4 (B) THE TOTAL ESTIMATED COST OF THE PROJECT, OR THE ACTUAL 5 COST IF THE SAME ACTUAL COST HAS BEEN ASCERTAINED BY THE TIME OF 6 THE PREPARATION OF THE SCHEDULE. 7 (C) THE PERCENTAGE APPORTIONED TO EACH PUBLIC CORPORATION. 8 (D) THE PRINCIPAL AMOUNT OF THE ASSESSMENT AGAINST EACH 9 PUBLIC CORPORATION BASED ON THE PERCENTAGE OF APPORTIONMENT. 10 (E) THE INTEREST PORTION OF THE ASSESSMENT SUFFICIENT TO PAY 11 THE INTEREST ON BONDS OR OTHER EVIDENCE OF INDEBTEDNESS BASED 12 UPON THE PERCENTAGE OF APPORTIONMENT. 13 (F) THE AMOUNT OF EACH INSTALLMENT IF THE ASSESSMENT IS 14 DIVIDED INTO ANNUAL INSTALLMENTS. 15 (G) THE DUE DATE OF EACH INSTALLMENT. 16 Sec. 474. (1)The special assessment roll shall contain17the name of each public corporation assessed, the total estimated18cost of the project, or actual cost if the same has been ascer-19tained at the time of the preparation of the roll, the percentage20apportioned to each public corporation, the amount of the assess-21ment against each public corporation based upon the percentage of22apportionment, and the amount of each installment if the assess-23ment is divided into annual installments.After thespecial24assessment roll has been prepared, it shall be presented to the25drainage board for approval. When the roll has been approved,26then a statement to that effect, signed by the chairman of the27drainage board, shall be affixed to the rollCHAIRPERSON OF THE 00488'99 * 212 1 DRAINAGE BOARD PREPARES THE SPECIAL ASSESSMENT SCHEDULE, THE 2 CHAIRPERSON SHALL PRESENT THE SCHEDULE TO THE DRAINAGE BOARD FOR 3 APPROVAL. IF THE DRAINAGE BOARD APPROVES THE SPECIAL ASSESSMENT 4 SCHEDULE, THE CHAIRPERSON OF THE DRAINAGE BOARD SHALL AFFIX TO 5 THE SCHEDULE A SIGNED STATEMENT TO THAT EFFECT setting forth the 6 date of approval. ThechairmanCHAIRPERSON of the drainage 7 board shall then certify to each public corporation assessed the 8amount of the total assessment against it, the amount of the9various installments if the assessment is divided into install-10ments, the due date of each installment, and the rate of interest11upon installments from time to time unpaid. The chairman each12 ASSESSMENT INFORMATION IN THE ASSESSMENT SCHEDULE. 13 (2) EACH year, at least3028 days before the time of the 14 levying of taxes by each public corporation, THE CHAIRPERSON OF 15 THE DRAINAGE BOARD shall notifyitTHE PUBLIC CORPORATION of 16 the amount of the installment and interest next becoming due, but 17 the failure to notify a public corporation shall not excuse it 18 from making payment of the installment and interest. 19 (3) On or before the due date of an installment, each public 20 corporation shall pay to the county treasurer the full amount 21 thereof, together with interest accruing to the due date.If a22public corporation fails or neglects to account to the county23treasurer for the amount of an installment and interest, then the24county treasurer shall advance the amount thereof from county25funds if bonds or other evidences of indebtedness have been26issued to finance the project, in anticipation of the collection27of the installment and interest pursuant to this chapter and the00488'99 * 213 1county board of commissioners has previously acted, by a2resolution adopted by a 2/3 vote of its members elect, to pledge3the full faith and credit of the county for the prompt payment of4the principal of and interest on the bonds or evidences of5indebtedness.6The county treasurer shall immediately notify the public7corporation of the amount advanced by the county on account of8the default by the public corporation in paying the installment9and interest assessed against it. The county treasurer shall10also notify the state treasurer, or other appropriate disbursing11official, who shall deduct the amount from moneys in his posses-12sion belonging to the public corporation which are not pledged to13the payment of debts, but the state treasurer or other official14shall not withhold in any 1 year a sum greater than 25% of the15total amount owed by the delinquent public corporation as stated16in the notice from the county treasurer. Nothing in this section17shall permit the deduction of moneys in contravention of the18state constitution of 1963.19The county board of commissioners of a county which has20advanced money for a public corporation and which has not been21reimbursed therefor, may order the public corporation and its22officers to levy upon its next tax roll an amount sufficient to23make the reimbursement on or before the date when its taxes24become delinquent; and the public corporation and its tax levying25and collecting officials shall levy and collect those taxes and26reimburse the county. The foregoing shall not prevent the county27from obtaining reimbursement by any other legal method.00488'99 * 214 1Assessments against the state shall be certified to the state2highway commission and paid from state highway funds. The tax3levying officials of each of the other public corporations4assessed shall levy sufficient taxes to pay assessment install-5ments and interest as the same become due unless there has been6set aside moneys sufficient therefor. A city or village may7elect to spread the tax levy upon the county tax roll instead of8the city or village tax roll. If a special assessment roll is9prepared upon the basis of the estimated cost of the project,10then after the actual cost has been ascertained and determined by11the drainage board, the special assessments and the installments12thereof shall be corrected by adding any deficiency or deducting13any excess. The drainage board may order the corrections to be14made upon the original roll or may order that a new corrected15roll or a supplemental roll be prepared and submitted for16approval by the drainage board. When chapter 25 is employed in17the apportionment of costs, the above proceedings shall be18altered and supplemented as provided in chapter 25.19 SEC. 474A. (1) IF A PUBLIC CORPORATION FAILS OR NEGLECTS TO 20 ACCOUNT TO THE COUNTY TREASURER FOR THE AMOUNT OF AN INSTALLMENT 21 AND INTEREST, THEN THE COUNTY TREASURER SHALL ADVANCE THE AMOUNT 22 THEREOF FROM COUNTY FUNDS IF BONDS OR OTHER EVIDENCES OF INDEBT- 23 EDNESS HAVE BEEN ISSUED TO FINANCE THE PROJECT IN ANTICIPATION OF 24 THE COLLECTION OF THE INSTALLMENT AND INTEREST PURSUANT TO THIS 25 CHAPTER AND IF THE COUNTY BOARD OF COMMISSIONERS HAS PREVIOUSLY 26 ACTED, BY A RESOLUTION ADOPTED BY A 2/3 VOTE OF ITS MEMBERS 27 ELECT, TO PLEDGE THE FULL FAITH AND CREDIT OF THE COUNTY FOR THE 00488'99 * 215 1 PROMPT PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS OR 2 EVIDENCES OF INDEBTEDNESS. 3 (2) THE COUNTY TREASURER SHALL IMMEDIATELY NOTIFY THE COUNTY 4 BOARD OF COMMISSIONERS AND PUBLIC CORPORATION OF THE AMOUNT 5 ADVANCED BY THE COUNTY ON ACCOUNT OF THE DEFAULT BY THE PUBLIC 6 CORPORATION IN PAYING THE INSTALLMENT AND INTEREST ASSESSED 7 AGAINST IT. THE COUNTY MAY USE ANY LEGAL MEANS TO OBTAIN REIM- 8 BURSEMENT OF THE AMOUNT ADVANCED. 9 (3) THE TAX LEVYING OFFICIALS OF EACH OF THE OTHER PUBLIC 10 CORPORATIONS ASSESSED SHALL LEVY SUFFICIENT TAXES TO PAY ASSESS- 11 MENT INSTALLMENTS AND INTEREST AS THE SAME BECOME DUE UNLESS 12 THERE HAS BEEN SET ASIDE MONEY SUFFICIENT THEREFOR. A CITY OR 13 VILLAGE MAY ELECT TO SPREAD THE SPECIAL ASSESSMENT LEVY UPON THE 14 COUNTY TAX ROLL INSTEAD OF THE CITY OR VILLAGE TAX ROLL. IF A 15 SPECIAL ASSESSMENT SCHEDULE IS PREPARED UPON THE BASIS OF THE 16 ESTIMATED COST OF THE PROJECT, THEN AFTER THE ACTUAL COST HAS 17 BEEN ASCERTAINED AND DETERMINED BY THE DRAINAGE BOARD, THE SPE- 18 CIAL ASSESSMENTS AND THE INSTALLMENTS THEREOF SHALL BE CORRECTED 19 BY ADDING ANY DEFICIENCY OR DEDUCTING ANY EXCESS. THE DRAINAGE 20 BOARD MAY ORDER THE CORRECTIONS TO BE MADE UPON THE ORIGINAL SPE- 21 CIAL ASSESSMENT SCHEDULE OR MAY ORDER THAT A NEW CORRECTED SCHED- 22 ULE OR A SUPPLEMENTAL SCHEDULE BE PREPARED AND SUBMITTED FOR 23 APPROVAL BY THE DRAINAGE BOARD. THE PROCEEDINGS IN THIS SECTION 24 MAY BE ALTERED AND SUPPLEMENTED AS PROVIDED IN CHAPTER 25. 25 Sec. 476. (1) The drainage board may issue 1 or more series 26 of bonds forand on behalf ofthe drainage district, in 27 anticipation of the collection ofany or allinstallments of 00488'99 * 216 1 assessments,or any part thereof,and pledge the full faith and 2 credit of the drainage district for the prompt payment of the 3 principal thereof and the interest thereon. The bonds shall 4 mature serially with the last maturity not later than 2-1/2 years 5 after the due date of the last installment of the assessments. 6and there may beTHE BONDS MAY HAVE more than 1 principal matu- 7 rity date during any 12-month period. The bonds shall be signed 8 by thechairman and at least 1 other memberCHAIRPERSON AND 9 SECRETARY of the drainage boardand the facsimile signature of10the chairman shallWHO SHALL CAUSE THEIR FACSIMILE SIGNATURES TO 11 be affixed to the interest coupons attached thereto. 12 (2) Collections of both principal and interest on all 13 installments of assessments in anticipation of which bondsshall14have beenARE issued shall be kept in a separate bank account by 15 the county treasurer and,used for no other purpose thanUNTIL 16 THE BONDS ARE FULLY PAID, SHALL BE USED SOLELY FOR the payment of 17 principal and interest onsuchTHE bonds.until the full pay-18ment thereof.19 Sec. 478. (1) The drainage board for each project shall 20 continue in existence with such changes in personnel as shall 21 result from changes in the officers constituting the board 22 membership. It shall be responsible for the operation and main- 23 tenance of the drain. Any necessary expenses incurred in admin- 24 istration and in the operation and maintenance of the drain and 25 not covered by contract shall be paid by the several public cor- 26 porations assessed for the cost of the drain. The assessments 27 shall be in the same proportion as the cost of the drain was 00488'99 * 217 1 assessed unless the drainage board establishes a different 2 proportion for the assessments after notice and hearing as pro- 3 vided in section 469. 4 (2) The drainage board, by resolution duly adopted by it,5may relinquish jurisdiction and control over all or any part of a6drain or drain project at any time when there is no outstanding7indebtedness or contract liability of its drainage district, to8the county, township, city or village in which all or the part of9the drain or drain project is wholly located, if the county,10township, city or village requests or consents to the relinquish-11ment of jurisdiction and control by resolution duly adopted by12its governing body. Indebtedness or contract liability of any13drainage district which will be paid in full at the time of con-14summation of relinquishment of jurisdiction and control shall not15be deemed to be outstanding. If relinquishment of jurisdiction16and control is to a county, the resolution of the governing body17of the county shall specify the county agency, such as board of18public works, drain commissioner, board of county road commis-19sioners, or parks and recreation commission, which shall be20thereafter responsible for exercise of such jurisdiction and21control. Any moneys in the drain fund of any drain, over all or22any part of which jurisdiction and control is relinquished, shall23be used to pay any indebtedness or contract liability of its24drainage district, and the balance shall be turned over to the25county, township, city or village to be used solely with respect26to the drain, all or part thereof, over which jurisdiction and27control is assumed. If the relinquishment of jurisdiction and00488'99 * 218 1control and the turnover of drain fund relates to a part of a2drain or drain project, such relinquishment and turnover shall3not become effective until consented to by resolution of the gov-4erning body of each public corporation which has paid a part of5the cost of the drain or drain project, and for this purpose the6board of county road commissioners and the state highway commis-7sion shall be deemed to be the governing body for the county and8the state.MAY RELINQUISH JURISDICTION OVER ALL OR PART OF A 9 DRAIN AS PROVIDED IN SECTION 395. 10 Sec. 483.Neither the final order of determination nor the11final order of apportionment shall be subject to attack in any12court, except by proceedings in certiorari brought within 20 days13after the filing of such order in the office of the chairman of14the board issuing the same. If no such proceeding shall be15brought within the time above prescribed, the drain shall be16deemed to have been legally established and the legality of the17drain and the assessments therefor shall not thereafter be ques-18tioned in any suit at law or in equity, either on jurisdictional19or nonjurisdictional grounds.THE PROCEEDINGS TO ESTABLISH A 20 DRAIN AND LEVY ASSESSMENTS ARE SUBJECT TO REVIEW ON SUPERINTEND- 21 ING CONTROL. A COMPLAINT SEEKING A WRIT OF SUPERINTENDING CON- 22 TROL FOR ANY ERROR IN PROCEEDINGS OCCURRING BEFORE OR IN THE 23 FINAL ORDER OF DETERMINATION SHALL BE FILED NOT MORE THAN 14 DAYS 24 AFTER THE FINAL ORDER IS ISSUED AND FOR ANY ERROR IN PROCEEDINGS 25 OCCURRING AFTER THE FINAL ORDER OF DETERMINATION, NOT MORE THAN 26 10 DAYS AFTER THE HEARING ON OBJECTIONS TO APPORTIONMENTS. THE 27 PROCEEDINGS SHALL BE AS PROVIDED IN SECTION 161(2) AND (3). 00488'99 * 219 1 Sec. 490. (1)Subject to the requirements of section 489a,2ifIF thelegislativeGOVERNING body of apublic corporation3 CITY, VILLAGE, OR TOWNSHIP, which has been assessed under this 4 chapter, determines that a part of the lands in the public corpo- 5 ration will be especially benefited by the drain project to the 6 extent of a portion of the amount assessed under this chapter, 7 thelegislativeGOVERNING body may cause that portion of the 8 assessment under this chapter to be specially assessed, according 9 to benefits, against the especially benefited lands, if the spe- 10 cial assessment method of financing is not inconsistent with 11 local financing policy for similar drains and sewers. The spe- 12 cial assessment shall be made under the statutory or charter pro- 13 visions governing special assessments in thepublic corporation14 CITY, VILLAGE, OR TOWNSHIP to the extent applicable. However, if 15 there is not another drain assessment in the district on this 16 particular drain, the special assessment proceedings may be ini- 17 tiated by resolution of thelegislativeGOVERNING body of the 18public corporationCITY, VILLAGE, OR TOWNSHIP without petition, 19after compliance with section 489a,and a petition or written 20 objection in opposition to the levying of special assessments 21 shall be advisory only and shall not require a petition for the 22 project., except as otherwise provided in section 489a.23 (2) After determining by resolution to proceed, the 24legislativeGOVERNING body shall cause a special assessment 25 roll to be prepared. After the special assessment roll is pre- 26 pared, the proceedings with respect to the special assessment 27 roll and the making and collection of the special assessments 00488'99 * 220 1 shall be conducted pursuant to the statute or charter governing 2 special assessments in thepublic corporationCITY, VILLAGE, OR 3 TOWNSHIP. However, the total assessment may be divided into not 4 more than 30 installments, and a person assessed, at the hearing 5 upon the special assessment roll prepared by thepublic6corporationCITY, VILLAGE, OR TOWNSHIP, may object to the spe- 7 cial assessment district previously established by thepublic8corporationCITY, VILLAGE, OR TOWNSHIP. Due consideration shall 9 be given to the objections.A hearing held under this section10shall not take the place of a meeting required under section11489a, unless notice is prepared and mailed in the manner pre-12scribed by section 489a.13 (3) If a special assessment is levied under this section, 14 all collections from the special assessment shall be used towards 15 the payment of the assessment at large against thepublic16corporationCITY, VILLAGE, OR TOWNSHIP. Each annual levy made 17 for the payment of the assessment at large shall be reduced by 18 the amount of money then on hand from special assessment collec- 19 tions available for this use. 20 (4) This sectionshall not be construed toDOES NOT pre- 21 vent the assessment ofpublic corporationsA CITY, VILLAGE, OR 22 TOWNSHIP at large under this chapter. In place of or in addition 23 to levying special assessments, the public corporation, under the 24 same conditions and for the same purpose, may exact connection, 25 readiness to serve, availability, or service charges to be paid 26 by owners of land directly or indirectly connected with the drain 00488'99 * 221 1 project, or a combination of projects., subject to section2489a.3 Sec. 491. (1) A petition OTHERWISE meeting the requirements 4 of this chapteras to petitioners, execution and filingmay 5 request, for reasons of public health, that jurisdiction be 6 assumed over all or a specified part of the bed, tributaries, 7 banks, andflood plainsFLOODPLAINS of a river, creek, or 8 watercourse, not part of an established drain. The petition 9 shall describe the existing or threatened conditions which cause 10 or increase the danger of flooding, pollution,desecration11 DAMAGE, or obstruction ofsuchTHE river, creek, or water- 12 course, and shall specify, in general terms, the works, property 13 acquisition, actions, or proceduresdeemedCONSIDERED necessary 14 to remove or lessen such danger. 15 (2) THE PETITIONERS NAMED IN A PETITION UNDER SUBSECTION (1) 16 SHALL INCLUDE IN THE PETITION AN AGREEMENT TO PAY, OR ACCOMPANY 17 THE PETITION WITH A DEPOSIT IN THE AMOUNT OF, THE ESTIMATED COST 18 OF THE PLANNING AND ENGINEERING REQUIRED TO DESCRIBE ALL OF THE 19 FOLLOWING: 20 (A) IN RECORDABLE FORM, THE BED, TRIBUTARIES, BANKS, AND 21 FLOODPLAINS OF THE RIVER, CREEK, OR WATERCOURSE OVER WHICH JURIS- 22 DICTION IS NECESSARY AND IS TO BE ASSUMED UNDER THE PETITION. 23 (B) THE WORK TO BE DONE UNDER THE PETITION. 24 (C) THE PROPERTY TO BE ACQUIRED UNDER THE PETITION. 25 (3) UPON THE FILING OF THE PETITION WITH THE AGREEMENT OR 26 DEPOSIT TO PAY COSTS, THE DRAIN COMMISSIONER AND DRAINAGE BOARD 27 SHALL PROCEED UNDER SECTIONS 466 AND 467. THE DRAINAGE BOARD 00488'99 * 222 1 SHALL HOLD A HEARING TO HEAR OBJECTIONS TO THE ASSUMPTION OF SUCH 2 JURISDICTION, TO THE PETITION AND TO THE PROPOSED WORK OR PROP- 3 ERTY AS PROVIDED FOR OTHER DRAIN PROJECTS UNDER THIS CHAPTER. 4 NOTICE OF THE HEARING SHALL CONTAIN THE DESCRIPTION AS APPROVED 5 AND ADOPTED BY THE DRAINAGE BOARD. 6 (4) AFTER THE HEARING, THE DRAINAGE BOARD SHALL ISSUE ITS 7 FINAL ORDER OF DETERMINATION UNDER SECTION 467. THE FINAL ORDER 8 OF DETERMINATION SHALL STATE WHETHER OR NOT THE DRAINAGE BOARD 9 WILL ASSUME JURISDICTION AND PERFORM THE WORK PROPOSED, IF ANY. 10 THE FINAL ORDER OF DETERMINATION SHALL CONTAIN THE DESCRIPTION OF 11 THE BED, TRIBUTARIES, BANKS, AND FLOODPLAINS OF THE RIVER, CREEK, 12 OR WATERCOURSE OVER WHICH JURISDICTION HAS BEEN ASSUMED AND SHALL 13 BE RECORDED IN THE COUNTY RECORDS IN THE COUNTY IN WHICH ANY PART 14 THEREOF IS LOCATED. AFTER THE FINAL ORDER OF DETERMINATION IS 15 RECORDED, NO CONSTRUCTING, EXCAVATING, LAND FILLING, REMOVING OF 16 STRUCTURES OR VEGETATION, DUMPING, OR DISCHARGING OF SEWERS OR 17 DRAINS SHALL BE PERMITTED OR CONTINUED IN THE BED, TRIBUTARIES, 18 BANKS, OR FLOODPLAINS OF THE RIVER, CREEK, OR WATERCOURSE WITHIN 19 THE RECORDED DESCRIPTION THEREOF, EXCEPT UPON WRITTEN ORDER OR 20 PERMIT ISSUED BY THE DRAINAGE BOARD. 21 (5) THE RECORDING OF THE DESCRIPTION DOES NOT APPROPRIATE, 22 TERMINATE, OR LESSEN ANY PRIVATE RIGHTS IN PROPERTY, REAL OR PER- 23 SONAL, EXCEPT PROPERTY ACQUIRED UNDER SECTION 7. THE RECORDING 24 OF THE DESCRIPTION CONSTITUTES A REGULATION AND LIMITATION, FOR 25 REASONS OF PUBLIC HEALTH, OF THE USE OF THE PUBLIC AND PRIVATE 26 PROPERTY THEREIN DESCRIBED TO REMOVE OR LESSEN THE DANGER OF 00488'99 * 223 1 FLOODING, POLLUTION, DAMAGE, OR OBSTRUCTION OF THE RIVER, CREEK, 2 OR WATERCOURSE, OR PART THEREOF, INVOLVED. 3 (6) BEFORE ANY WORK, OTHER THAN PREPARATION OF THE DESCRIP- 4 TION AND THE APPROVAL, ADOPTION, AND RECORDING OF THE DESCRIP- 5 TION, IS DONE OR RIGHTS IN PROPERTY ARE ACQUIRED BY THE DRAINAGE 6 BOARD, PURSUANT TO A PETITION UNDER SUBSECTION (1), THE DRAINAGE 7 BOARD SHALL MAKE A DETERMINATION, FOLLOWING NOTICE AND A HEARING 8 AS PROVIDED IN THIS CHAPTER, AS TO THE PUBLIC CORPORATIONS TO BE 9 ASSESSED FOR THE COST OF THE WORK OR ACQUISITION. THE HEARING 10 MAY BE THE SAME HEARING PROVIDED FOR IN SUBSECTION (2). 11 (7) AFTER THE HEARING AND THE DETERMINATION TO PROCEED WITH 12 THE WORK, THE DRAINAGE BOARD SHALL PROCEED IN THE SAME MANNER AND 13 HAVE THE SAME POWERS AND DUTIES AS ARE PROVIDED FOR OTHER DRAIN 14 PROJECTS IN THIS CHAPTER. 15 Sec. 499. (1) After the construction of a county drain for 16 which none of the financing is obtained through special assess- 17 ments under section 490, the drainage board shall provide for an 18 amount from surplus construction funds sufficient to inspect, 19 repair, and maintain the drain as provided in section196199. 20 After providing for inspection, repair, and maintenance, the 21 drainage board may apportion the balance of the surplus construc- 22 tion funds to separate accounts to the credit of the public cor- 23 porations against which the cost of the drain is assessed. The 24 funds shall be credited in direct proportion to amounts assessed 25 and collected from the public corporations. 00488'99 * 224 1 (2) Funds in an account apportioned to the credit of a 2 public corporation under this section shall be used only for the 3 following: 4 (a) To pay principal and interest on bonds issued to finance 5 the drain for which the assessment is imposed. 6 (b) If bonds are not sold, to pay assessments due from the 7 public corporation. 8 (c) At the request of the public corporation, to alleviate 9 drainage problems in that public corporation. 10 (3) A DRAINAGE BOARD MAY APPLY SECTION 283 TO SURPLUS CON- 11 STRUCTION FUNDS INSTEAD OF THIS SECTION. 12 SEC. 500. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, 13 ASSESSMENTS AGAINST A TOWNSHIP SHALL BE AGAINST THE TOWNSHIP AS A 14 WHOLE, INCLUDING ANY VILLAGE. HOWEVER, THE DRAINAGE BOARD OR THE 15 DRAIN COMMISSIONER MAY DETERMINE TO ASSESS SEPARATELY OR EXCLUDE 16 A VILLAGE, IN WHICH CASE THE ASSESSMENT AGAINST THE TOWNSHIP 17 SHALL BE EXCLUSIVE OF THE VILLAGE AND THE TAX LEVIES TO BE MADE 18 BY THE TOWNSHIP TO PAY THE ASSESSMENT SHALL NOT INCLUDE PROPERTY 19 TAXABLE IN THE VILLAGE. 20 CHAPTER 21.21 INTERCOUNTY DRAINS; PUBLIC CORPORATIONS.22 Sec. 513.(1) Before filing a petition under this section,23the legislative body of a public corporation shall first deter-24mine whether the drain project contemplated may necessitate the25levy of a special assessment, fee, or charge under section 539.26If the legislative body determines that a special assessment,27fee, or charge may be made under section 539, before filing a00488'99 * 225 1petition under this section, the legislative body shall proceed2as prescribed in section 538a.3 (1)(2) If it is necessary for the public health to locate,4establish, and construct an intercounty drain, a petition for5that purpose may be filed with the director of the department of6agriculture signed by 2 or more public corporations which will be7subject to assessments to pay the cost of the drainTO INITIATE 8 THE ESTABLISHMENT OF A DRAINAGE DISTRICT AND ESTABLISHMENT AND 9 THE CONSTRUCTION OF A COUNTY DRAIN THAT IS NECESSARY FOR THE 10 PUBLIC HEALTH OR THE MAINTENANCE AND IMPROVEMENT OF SUCH A DRAIN, 11 1 OR MORE CITIES, VILLAGES, OR TOWNSHIPS THAT WILL BE SUBJECT TO 12 ASSESSMENT TO PAY THE COST OF THE DRAIN MAY FILE A PETITION WITH 13 THE DIRECTOR OF AGRICULTURE AS PROVIDED IN SECTION 14, AND THE 14 DRAIN COMMISSIONER OF THE COUNTIES WHERE THE CITIES, VILLAGES, OR 15 TOWNSHIPS ARE LOCATED. The petition shall state that it is filed 16 pursuant to this chapter,and shall describe the location and17route of the proposed drain sufficiently to determine with rea-18sonable certainty the areas to be serviced by the drain.REQUEST 19 THE ESTABLISHMENT OF A DRAINAGE DISTRICT AND THE ESTABLISHMENT 20 AND CONSTRUCTION OF A DRAIN, AND SET FORTH THE REASONS FOR THE 21 REQUEST. THE PETITION MAY PROPOSE A LOCATION AND ROUTE FOR THE 22 DRAIN. 23(3) Not more than 20 days after the petition is filed, the24director of the department of agriculture shall notify all public25corporations in which any of the areas to be drained are located,26as described in the petition, that a petition has been filed27which may affect drainage in the public corporation.00488'99 * 226 1 (2)(4) A certified copy of the resolution of the governing2body of each signer authorizing the affixing of the signature of3the governing body to the petition shall be attached to the4petition. The petition may be filed in more than 1 counterpart.5For a petition filed by a county, the county board of commission-6ers shall authorize the execution, and for a petition filed by7the state, the state transportation commission shall authorize8the execution of the petition.THE PETITION MAY BE FILED IN MORE 9 THAN 1 COUNTERPART. As provided in section 423, an order of 10 determination of thewater resources commissionDEPARTMENT OF 11 ENVIRONMENTAL QUALITY shall also serve as a petition made pursu- 12 ant to this chapter. 13 (3) NOT MORE THAN 28 DAYS AFTER THE PETITION IS FILED, THE 14 DIRECTOR OF AGRICULTURE SHALL NOTIFY EACH PUBLIC CORPORATION 15 WHICH MAY BE SUBJECT TO AN ASSESSMENT OR IN WHICH IS LOCATED ANY 16 OF THE AREAS TO BE DRAINED, AS DESCRIBED IN THE PETITION, THAT A 17 PETITION WAS FILED. 18 Sec. 515. There is created for each project petitioned for 19 underthe provisions ofthis chapter, an augmented drainage 20 board to consist of the members of the drainage board together 21 with thechairmanCHAIRPERSON of the COUNTY board of 22supervisorsCOMMISSIONERS OR A MEMBER OF THE COUNTY BOARD OF 23 COMMISSIONERS DESIGNATED BY THAT CHAIRPERSON and thechairman24 CHAIRPERSON of the board of county auditors of each county 25 involved. If there is no board of county auditors inanyA 26 county, then thechairmanCHAIRPERSON of the finance committee 27 of the COUNTY board ofsupervisors shall act as a member of the00488'99 * 227 1augmented drainage board, and ifCOMMISSIONERS OR A MEMBER OF 2 THE COUNTY BOARD OF COMMISSIONERS DESIGNATED BY THAT CHAIRPERSON 3 SHALL BE A MEMBER OF THE AUGMENTED DRAINAGE BOARD IF there is 4 neither a board of county auditors nor A finance committee, then 5 thechairmanCHAIRPERSON of the COUNTY board ofsupervisors6 COMMISSIONERS shall select 1 member of the COUNTY board of 7supervisorsCOMMISSIONERS of his OR HER county to act as a 8 member of the augmented drainage board.The chairmanTHE 9 CHAIRPERSON and secretary of the drainage board shall act as 10chairmanCHAIRPERSON and secretary, respectively, of the aug- 11 mented drainage board. ThechairmanCHAIRPERSON of the COUNTY 12 board ofsupervisorsCOMMISSIONERS and any member ofaTHE 13 COUNTY board ofsupervisorsCOMMISSIONERS, serving on the aug- 14 mented drainage board, shall receivesuchcompensation, 15 mileage, and expenses,as shall be provided by the augmented16drainage board except that such compensation shall not exceed17$25.00 per diem exclusive of mileage and expenses for attendance18at augmented drainage board meetingsWHICH SHALL BE DETERMINED 19 AS PROVIDED IN SECTION 51A FOR MEMBERS OF A BOARD OF 20 DETERMINATION. 21 Sec. 517. Upon receipt of a petitionas hereinbefore22providedUNDER THIS CHAPTER, the director of agriculture shall 23 make a preliminary finding of the counties which, in his OR HER 24 opinion, include public corporations that should be assessed 25 underthe provisions ofthis chapter for the cost of the pro- 26 posed drain.Upon the making of such preliminary finding, the27 THE director of agriculture shall THEN give notice of the time 00488'99 * 228 1 and place of the first meeting of the drainage board and of the 2 first meeting of the augmented drainage board, by sending a copy 3 ofsuchTHE notice and ofsuchTHE preliminary finding by 4registeredFIRST-CLASS mail to each member thereof, and to each 5highway agencyROADWAY AUTHORITY having jurisdiction over any 6highway, road and street in saidROADWAY IN THE district.,7whichTHE notice and finding shall be mailed not less than108 14 daysprior toBEFORE thetimeDATE of the meeting.In9the eventIF therebeIS no board of county auditors or 10 finance committee inanyTHE county,involved,then notice to 11 thechairmanCHAIRPERSON of the COUNTY board ofsupervisors12 COMMISSIONERS ofsuchTHE county shallbe deemed to beSERVE 13 AS notice to the member of the COUNTY board ofsupervisors14 COMMISSIONERS to be selected byhimTHE CHAIRPERSON UNDER 15 SECTION 515. The drainage board shall meet first, for the pur-16pose of selectingTO SELECT a secretary. Upon the selection of 17 a secretary, the director of agriculture shall turn over to 18suchTHE secretary the original petition and any other records 19 in his OR HER office pertaining to the proposed drain. 20 Sec. 518. (1) Meetings of the drainage board, or of the 21 augmented drainage board, may be called by the chairperson or 2 22 members of the board., on notice sent by registered mail to23each member. The notice shall be mailed not less than 10 days24before the time of the meeting.NOTICE OF THE MEETING SHALL BE 25 GIVEN AS PROVIDED IN SECTION 8. 26 (2) A majority of the members of the boardshall27 constitute a quorum for the transaction of business, but a lesser 00488'99 * 229 1 number may adjourn from time to time. A meeting may be adjourned 2 from time to time. Unless otherwise provided herein, an action 3 shall not be taken by either of the boards except by a majority 4 vote of A QUORUM OF its members. 5 (3) All orders issued by either the drainage board, or the 6 augmented drainage board, shall be signed by the chairperson and 7 secretary. 8 Sec. 519. (1) The augmented drainage board, at its first 9 meeting, shall consider the petition for the project UNDER THIS 10 CHAPTER and make a tentative determination as to the sufficiency 11 of the petition and the practicability of the proposeddrain12 PROJECT, and further make a tentative determination of the public 13 corporations to be assessed. The augmented drainage board shall 14 give a name to the drain and to the drainage district. The dis- 15 trict shall be composed of thepublic corporationsCITIES, VIL- 16 LAGES, AND TOWNSHIPS to be assessed for the cost of the project. 17 (2) If the augmented drainage board, by resolution, tenta- 18 tively determines that there should be assessed a public corpora- 19 tion in a countyother than those containedNOT in the tenta- 20 tive findings of the director ofthe department ofagriculture, 21 further proceedings shall not be taken by the augmented drainage 22 board, but the resolution shall have the effect of amending the 23 preliminary finding of the director ofthe department of24 agriculture. The director ofthe department ofagriculture 25 shall proceed, as in the first instance, to call a new meeting of 26 the drainage board and the augmented drainage board as enlarged 00488'99 * 230 1 by reason of the inclusion of the additional public corporations 2 in another county. 3 (3) After the augmented drainage board has made the 4determination specified in this sectionTENTATIVE DETERMINATION 5 OF THE SUFFICIENCY OF THE PETITION AND THE PRACTICABILITY OF THE 6 PROPOSED DRAIN, it shall fix a time, date, and place it will meet 7 to hear objections to the proposed drain and the petition for the 8 drain, and TO the matter of assessing the cost of the drain to 9 the designated public corporations. Notice of the hearing shall 10 bepublished twice in each county involved by inserting the11notice in at least 1 newspaper published in the county, desig-12nated by the augmented drainage board. The first publication13shall be made not less than 20 days before the time of hearing.14The notice shall also be sent by registered mail to the clerk or15secretary of each public corporation proposed to be assessed,16except that a notice to the state shall be sent to the state17highway director and a notice to a county shall be sent to both18the county clerk and the county road commission. The mailing19shall be made not less than 20 days before the time of hearing.20The notice shall be signed by the secretary and proof of the pub-21lication and mailing of the notice shall be filed with the22secretary. The augmented drainage board may provide a form to be23substantially followed in the giving of such noticeGIVEN AS 24 PROVIDED IN SECTION 8. 25 (4) After the hearing, the augmented drainage board shall 26 make a determination as to the sufficiency of the petition, the 27 practicability of thedrain, whether the drain should be00488'99 * 231 1constructedPROJECT, WHETHER THE PROJECT IS NECESSARY AND 2 CONDUCIVE TO PUBLIC HEALTH, AND, IF SO, the public corporations 3 to be assessed, and shall issue its order accordingly. The order 4 shall be known as the final order of determination. A public 5 corporation shall not be eliminated from, or added to, those ten- 6 tatively determined to be assessed without a rehearing after 7 notice AS PROVIDED IN SUBSECTION (2). 8 (5) After the augmented drainage boardhas madeMAKES the 9 determinations, further action in respect to the drain shall be 10 taken by the drainage board. The augmented drainage board may be 11 reconvened by its chairperson or 2 members of the board, upon 12 notice given for the purpose of making a correction or addition 13 to its proceedings. 14 SEC. 519A. (1) AFTER THE DRAINAGE BOARD ENTERS THE FINAL 15 ORDER OF DETERMINATION, THE DRAINAGE BOARD SHALL PROCEED IN THE 16 SAME MANNER AS PROVIDED IN SECTION 467A. 17 (2) IF, AFTER THE RECEIPT OF THE PLANS, SPECIFICATIONS, 18 ESTIMATE OF COST, AND DESCRIPTIONS OF THE LANDS OR RIGHTS-OF-WAY 19 NEEDED FOR THE PROPOSED DRAIN, THE DRAINAGE BOARD DETERMINES THAT 20 THE PROJECT IS NOT PRACTICAL, THE DRAINAGE BOARD SHALL NOTIFY THE 21 PUBLIC CORPORATIONS IN THE DISTRICT BY FIRST-CLASS MAIL OF THE 22 INTENT TO REJECT THE PETITION. THE NOTICE SHALL SPECIFY THE REA- 23 SONS FOR THE PROPOSED REJECTION. THE NOTICE SHALL ALSO SPECIFY A 24 TIME, DATE, AND PLACE FOR A PUBLIC HEARING TO HEAR OBJECTIONS TO 25 THE REJECTION OF THE PETITION. AT THE PUBLIC HEARING, THE DRAIN- 26 AGE BOARD SHALL ELICIT TESTIMONY AND EVIDENCE WITH REGARDS TO THE 27 PROPOSED REJECTION. FOLLOWING THE RECEIPT OF TESTIMONY, THE 00488'99 * 232 1 DRAINAGE BOARD SHALL DETERMINE WHETHER OR NOT THE PETITION SHOULD 2 BE REJECTED. IF THE REJECTION IS DETERMINED TO BE PRACTICAL, THE 3 DRAINAGE BOARD SHALL ENTER AN ORDER OF REJECTION AND APPORTION 4 ALL COSTS INCURRED TO THE DISTRICT AS IF THE PROJECT HAD BEEN 5 BUILT AND THE COSTS SHALL BE SUBSEQUENTLY ASSESSED AND PAID AS 6 PROVIDED IN THIS CHAPTER. A DETERMINATION TO REJECT A PETITION 7 DOES NOT LIMIT THE RIGHT TO FILE ANOTHER PETITION. 8 Sec. 520. (1)The drainage board shall proceed to secure9from a competent engineer, plans, specifications, and an estimate10of cost of the proposed drain, which when approved and adopted by11the board shall be filed with the secretary thereof. In approv-12ing the plans and specifications, the drainage board shall not be13limited to the route of the drain described in the petition or14the final order of determination. TheFOR EACH COUNTY AFFECTED, 15 THE drainage board shall tentatively establish the percentage of 16 the cost of the drain or of the several sections or parts thereof 17 which is to be borne by public corporations.in each county18affected and by the state on account of any state highway, and by19the county on account of any county highway.The percentage of 20 the cost apportioned to public corporationsinFOR each county 21 shall then be apportioned by the drain commissioner among public 22 corporations to be assessed in the county, which determination 23 shall be filed with the secretary of the drainage board. In 24 making the apportionmentshereunder, there shall be taken into25consideration the benefits to accrue to each public corporation26and also the extent to which each public corporation contributes27to the conditions which make the drain necessary. Apportionments00488'99 * 233 1against the state shall be based upon the benefits and2contributions as related solely to the drainage of state high-3ways, and those against the county shall be based as related4solely to the drainage of its county highways.TO CITIES, VIL- 5 LAGES, AND TOWNSHIPS, THE DRAINAGE BOARD SHALL CONSIDER THE BENE- 6 FITS TO ACCRUE TO EACH CITY, VILLAGE, OR TOWNSHIP AND ALSO THE 7 EXTENT TO WHICH EACH CITY, VILLAGE, OR TOWNSHIP CONTRIBUTES TO 8 THE CONDITIONS THAT MAKE THE DRAIN NECESSARY, SUBJECT TO SECTION 9 500. APPORTIONMENTS AGAINST THIS STATE OR A COUNTY SHALL RELATE 10 SOLELY TO STATE TRUNK LINE HIGHWAYS OR COUNTY ROADS, 11 RESPECTIVELY. THE APPORTIONMENT OF BENEFITS FOR STATE TRUNK LINE 12 HIGHWAYS AND THE PORTION PAID BY COUNTY ROAD COMMISSIONS FOR BEN- 13 EFIT TO COUNTY ROADS MUST BE PAID PURSUANT TO SECTION 14A OF 1951 14 PA 51, MCL 247.664A. Before a tentative apportionmentshall be15 IS made, the drainage board shall designate the area to be served 16 by the drain project, which may or may not include all of the 17 area in apublic corporationCITY, VILLAGE, OR TOWNSHIP to be 18 assessed, and may divide the drain into sections or parts for 19 purposes of apportionment or construction.Nothing herein con-20tained shall prohibit aTHE countyfrom assuming anyMAY 21 ASSUME AN additional cost of the drainifBY THE VOTE OF 2/3 of 22 the members elect of the county board of commissioners.vote in23favor thereof.24 (2) The apportionment shall apply only to the proposed drain 25 PROJECT, AND SEPARATE CONCURRENT MAINTENANCE APPORTIONMENTS FOR 26 THE DRAIN MAY BE ESTABLISHED. The apportionments for extensions 27 or other work subsequently performed under section 535 shall be 00488'99 * 234 1 reestablished by the board.When chapter 25 is employed in the2apportionment of costs, the above3 (3) THE proceedingsshallIN THIS SECTION MAY be altered 4 and supplemented as provided in chapter 25. 5 Sec. 521.After the tentative apportionments of cost have6been made, the drainage board shall set a time, date, and place7it will meet and hear objections to the apportionments. Notice8of the hearing shall be published twice in each county involved9by inserting the notice in at least 1 newspaper published in the10county, designated by the drainage board. The first publication11is to be not less than 20 days before the time of hearing. The12notice shall also be sent by registered mail to the clerk or sec-13retary of each public corporation proposed to be assessed, except14that a notice to the state shall be sent to the state highway15director and a notice to a county shall be sent both to the16county clerk and the county road commission. The mailing shall17be made not less than 20 days before the time of hearing. The18notice shall be signed by the secretary and proof of the publica-19tion and mailing of the notice shall be filed with the20secretary. The drainage board may provide a form to be substan-21tially followed in the giving of the notice. The notice shall22include tentative apportionments to the several public23corporations. After the hearing, the drainage board may confirm24the apportionments as tentatively made, or, if it considers the25apportionments to be inequitable, it shall readjust the26apportionments. Before readjusted apportionments are confirmed,27the drainage board shall set a time, date, and place for a00488'99 * 235 1rehearing and shall give notice of the hearing. The notice shall2also set forth the apportionments as readjusted. It shall then3issue its order setting forth the several apportionments as4confirmed. The order shall be known as the final order of5apportionmentTHE INTERCOUNTY DRAINAGE BOARD OR A PUBLIC CORPO- 6 RATION HAS THE SAME POWERS AND DUTIES WITH RESPECT TO AN INTER- 7 COUNTY DRAIN UNDER THIS CHAPTER AS THE COUNTY DRAINAGE BOARD OR A 8 PUBLIC CORPORATION, RESPECTIVELY, UNDER SECTION 469. 9 Sec. 524. The drainage board shall designate the treasurer 10 of 1 of the counties involved as the treasurer forsaid board.11HeTHE DRAINAGE DISTRICT. THE TREASURER may designate 1 or more 12 of his OR HER deputieswho mayTO act forhimTHE TREASURER 13 in the performance of any of his OR HER duties under this 14 section.SuchTHE treasurer and any such deputy shall serve 15 without additional compensation.HeTHE TREASURER and each 16 deputy county treasurer so designated shall furnish a bond in 17such sum as shall be fixedTHE AMOUNT SPECIFIED by the drainage 18 board, conditioned upon the faithful discharge of his OR HER 19 duties., the premium thereon toTHE PREMIUM ON THE BOND SHALL 20 be paid by the drainage board.MoneysMONEY held by the trea- 21 surer shall be paid out only upon order of the drainage board, 22 except thatno such order shall beAN ORDER IS NOT required for 23 the payment of principal and interest on bonds. 24 Sec. 525. (1)After the confirmation of the apportionments25by the drainage board, the secretary of the board shall prepare a26special assessment roll assessing the estimated cost of the27drain, or if the actual cost has been ascertained, then the00488'99 * 236 1actual cost, against the several public corporations in2accordance with the confirmed apportionments. The drainage board3may provide for the payment of the special assessments in any4number of annual installments, not exceeding 30, but an install-5ment shall not be less than 1/4 of any subsequent installment.6Installments of assessments against the state and against public7corporations which collect their taxes beginning approximately8December 1 in each year shall become due and payable on or before9April 1 of each year. Installments of assessments against other10public corporations shall become due and payable on or before the11dates as shall be fixed by the drainage board, depending upon the12times of the collection of taxes by the public corporations. The13drainage board shall fix the commencement date of interest to be14paid upon unpaid installments, not to exceed an amount sufficient15to pay interest on bonds or other evidences of indebtedness16issued or to be issued by the drainage district, which interest17shall become due annually on the day and month upon which the18annual installments become due but may become due in years before19the due date of the first installment. The drainage board may20provide for the payment of installments in advance of their21respective due dates and may prescribe the terms and conditions22of payment. The drainage board shall fix the date, not later23than 4 years after confirmation for the payment of the first24installment so that each public corporation can make a tax levy25for the payment thereof and subsequent installments shall become26due annually on the same day and month of subsequent years. A27city or village may elect to spread the tax levy upon the county00488'99 * 237 1tax roll instead of the city or village tax roll. When chapter225 is employed in the apportionment of costs, the above proceed-3ings shall be altered and supplemented as provided in chapter425.THE DRAINAGE BOARD AND THE CHAIRPERSON OF THE DRAINAGE BOARD 5 SHALL PROCEED IN THE MANNER PROVIDED IN SECTION 473. 6 (2) AFTER THE CHAIRPERSON OF THE DRAINAGE BOARD PREPARES THE 7 SPECIAL ASSESSMENT SCHEDULE, THE CHAIRPERSON SHALL PRESENT THE 8 SCHEDULE TO THE DRAINAGE BOARD FOR APPROVAL. IF THE DRAINAGE 9 BOARD APPROVES THE SPECIAL ASSESSMENT SCHEDULE, THE CHAIRPERSON 10 OF THE DRAINAGE BOARD SHALL AFFIX TO THE SCHEDULE A STATEMENT TO 11 THAT EFFECT SIGNED BY THE CHAIRPERSON AND SECRETARY OF THE DRAIN- 12 AGE BOARD. THE CHAIRPERSON OF THE DRAINAGE BOARD SHALL THEN CER- 13 TIFY TO EACH PUBLIC CORPORATION ASSESSED THE ASSESSMENT INFORMA- 14 TION IN THE ASSESSMENT SCHEDULE. 15 (3) EACH YEAR, AT LEAST 28 DAYS BEFORE THE TIME OF THE LEVY- 16 ING OF TAXES BY EACH PUBLIC CORPORATION, THE SECRETARY OF THE 17 DRAINAGE BOARD SHALL NOTIFY THE PUBLIC CORPORATION OF THE AMOUNT 18 OF THE INSTALLMENT AND INTEREST NEXT BECOMING DUE, BUT THE FAIL- 19 URE TO NOTIFY A PUBLIC CORPORATION SHALL NOT EXCUSE IT FROM 20 MAKING PAYMENT OF THE INSTALLMENT AND INTEREST. 21 (4) ON OR BEFORE THE DUE DATE OF AN INSTALLMENT, EACH PUBLIC 22 CORPORATION SHALL PAY TO ITS COUNTY TREASURER THE FULL AMOUNT 23 THEREOF, TOGETHER WITH INTEREST ACCRUING TO THE DUE DATE. NOT 24 MORE THAN 14 DAYS AFTER A PUBLIC CORPORATION PAYS A SPECIAL 25 ASSESSMENT INSTALLMENT TO ITS COUNTY TREASURER, THE COUNTY TREA- 26 SURER SHALL FORWARD TO THE DRAINAGE BOARD THE AMOUNT PAID. 00488'99 * 238 1 (5) THE INTERCOUNTY DRAINAGE BOARD, AN OFFICER OF AN 2 INTERCOUNTY DRAINAGE BOARD, A PUBLIC CORPORATION, OR ANY OTHER 3 PERSON SHALL PROCEED IN THE SAME MANNER WITH RESPECT TO AN INTER- 4 COUNTY DRAIN UNDER THIS CHAPTER AS PROVIDED UNDER SECTIONS 473, 5 474A TO 479, 483 TO 485, 490, 491, AND 500 EXCEPT AS FOLLOWS: 6 (A) THE PERIOD UNDER SECTION 483 TO FILE A COMPLAINT FOR 7 SUPERINTENDING CONTROL FOR AN ERROR IN PROCEEDINGS OCCURRING 8 BEFORE OR IN THE FINAL ORDER OF DETERMINATION SHALL BEGIN WHEN 9 THE FINAL ORDER IS FILED IN THE OFFICE OF THE SECRETARY OF THE 10 INTERCOUNTY DRAINAGE BOARD. 11 (B) A PETITION UNDER SECTION 491 FOR ASSUMPTION OF JURISDIC- 12 TION BY AN INTERCOUNTY DRAINAGE BOARD SHALL OTHERWISE MEET THE 13 REQUIREMENTS OF THIS CHAPTER. 14 Sec. 532.AnyAN action arising from the provisions of 15 this chapterexcept such actions as may be brought directly in16the supreme courtmay be brought in the circuit court ofanyA 17 county in whichanyA part of the intercountydrain involved18is located: Provided, That on request by any party to said19action made prior to the time said action is instituted, or20within 30 days after receipt of service of process, the presiding21circuit judge of Michigan shall appoint a circuit judge to hear22said actionDRAINAGE DISTRICT IS LOCATED, SUBJECT TO THE 23 MICHIGAN RULES OF COURT. 24 Sec. 540.WhenIF 2 or more public corporations, consti- 25 tuting as a whole contiguous territory, are served by 1 or more 26 intercounty drains or by a combination of 1 or more intercounty 27 drains and 1 or more county drains, and it is necessary for the 00488'99 * 239 1 public health to supplement such existing drain or drains by 2 constructing 1 or more relief drains, which may consist of new 3 drains and branches and connections thereto orextensions,4enlargements, branches, connections or improvements described in5section 535 toIMPROVEMENTS TO OR CONSOLIDATIONS OF existing 6 drains, or any combination thereof, then the entire project may 7 be constructed and financed as a whole under the provisions of 8 this chapter and the word "drain"shall be deemed to include9 INCLUDES such a project. 10 Sec. 541. (1) A petition OTHERWISE meeting the requirements 11 of this chapteras to petitioners, execution and filingmay 12 request, for reasons of public health, that jurisdiction be 13 assumed over all or a specified part of the bed, tributaries, 14 banks, andflood plainsFLOODPLAINS of a river, creek, or 15 watercourse, not part of an established drain. The petition 16 shall describe the existing or threatened conditions which cause 17 or increase the danger of flooding, pollution,desecration18 DAMAGE, or obstruction of such river, creek, or watercourse, and 19 shall specify, in general terms, the works, property acquisition, 20 actions, or procedures,deemedCONSIDERED necessary to remove 21 or lessen such danger. 22 (2) THE PETITIONERS NAMED IN A PETITION UNDER SUBSECTION (1) 23 SHALL INCLUDE IN THE PETITION AN AGREEMENT TO PAY, OR ACCOMPANY 24 THE PETITION WITH A DEPOSIT IN THE AMOUNT OF, THE ESTIMATED COST 25 OF THE PLANNING AND ENGINEERING REQUIRED TO DESCRIBE ALL OF THE 26 FOLLOWING: 00488'99 * 240 1 (A) IN RECORDABLE FORM THE BED, TRIBUTARIES, BANKS, AND 2 FLOODPLAINS OF THE RIVER, CREEK, OR WATERCOURSE OVER WHICH 3 JURISDICTION IS NECESSARY AND IS TO BE ASSUMED UNDER THE 4 PETITION. 5 (B) THE WORK TO BE DONE UNDER THE PETITION. 6 (C) THE PROPERTY TO BE ACQUIRED UNDER THE PETITION. 7 (3) UPON THE FILING OF THE PETITION WITH THE AGREEMENT OR 8 DEPOSIT TO PAY COSTS, THE DRAINAGE BOARD SHALL PROCEED AS 9 DESCRIBED IN SECTIONS 517 AND 519. THE DESCRIPTION SHALL BE 10 OBTAINED AND APPROVED AND ADOPTED BY THE DRAINAGE BOARD. THE 11 DRAINAGE BOARD SHALL HOLD A HEARING TO HEAR OBJECTIONS TO THE 12 ASSUMPTION OF SUCH JURISDICTION, TO THE PETITION THEREFOR AND TO 13 THE PROPOSED WORK OR PROPERTY ACQUISITION SHALL BE HELD AS PRO- 14 VIDED FOR OTHER DRAIN PROJECTS PURSUANT TO THIS CHAPTER. NOTICE 15 OF THE HEARING SHALL CONTAIN THE DESCRIPTION AS APPROVED AND 16 ADOPTED BY THE DRAINAGE BOARD. 17 (4) AFTER THE HEARING, THE DRAINAGE BOARD SHALL DETERMINE 18 WHETHER OR NOT IT WILL ASSUME SUCH JURISDICTION AND PERFORM THE 19 WORK PROPOSED, IF ANY, AND SHALL ISSUE ITS ORDER ACCORDINGLY. 20 THE ORDER SHALL BE KNOWN AS THE "FINAL ORDER OF DETERMINATION". 21 THE FINAL ORDER OF DETERMINATION SHALL CONTAIN THE DESCRIPTION OF 22 THE BED, TRIBUTARIES, BANKS, AND FLOODPLAINS OF THE RIVER, CREEK, 23 OR WATERCOURSE OVER WHICH JURISDICTION HAS BEEN ASSUMED AND SHALL 24 BE RECORDED IN THE COUNTY RECORDS IN THE COUNTY IN WHICH ANY PART 25 THEREOF IS LOCATED. AFTER THE FINAL ORDER OF DETERMINATION IS 26 RECORDED, NO CONSTRUCTING, EXCAVATING, LAND FILLING, REMOVING OF 27 STRUCTURES OR VEGETATION, DUMPING, OR DISCHARGING OF SEWERS OR 00488'99 * 241 1 DRAINS SHALL BE PERMITTED OR CONTINUED IN THE BED, TRIBUTARIES, 2 BANKS, OR FLOODPLAINS OF THE RIVER, CREEK, OR WATERCOURSE WITHIN 3 THE RECORDED DESCRIPTION THEREOF, EXCEPT UPON WRITTEN ORDER OR 4 PERMIT ISSUED BY THE DRAINAGE BOARD. 5 (5) THE RECORDING OF THE DESCRIPTION DOES NOT APPROPRIATE, 6 TERMINATE, OR LESSEN ANY PRIVATE RIGHTS IN PROPERTY, REAL OR PER- 7 SONAL, EXCEPT PROPERTY ACQUIRED UNDER SECTION 7. THE RECORDING 8 OF THE DESCRIPTION CONSTITUTES A REGULATION AND LIMITATION, FOR 9 REASONS OF PUBLIC HEALTH, OF THE USE OF THE PUBLIC AND PRIVATE 10 PROPERTY THEREIN DESCRIBED TO REMOVE OR LESSEN THE DANGER OF 11 FLOODING, POLLUTION, DAMAGE, OR OBSTRUCTION OF THE RIVER, CREEK, 12 OR WATERCOURSE, OR PART THEREOF, INVOLVED. 13 (6) BEFORE ANY WORK, OTHER THAN PREPARATION OF THE DESCRIP- 14 TION AND THE APPROVAL, ADOPTION, AND RECORDING OF THE DESCRIP- 15 TION, IS DONE OR RIGHTS IN PROPERTY ARE ACQUIRED BY THE DRAINAGE 16 BOARD, PURSUANT TO A PETITION FILED UNDER SUBSECTION (1), THE 17 DRAINAGE BOARD SHALL MAKE A DETERMINATION, FOLLOWING NOTICE AND A 18 HEARING AS PROVIDED IN THIS CHAPTER, AS TO THE PUBLIC CORPORA- 19 TIONS TO BE ASSESSED FOR THE COST OF THE WORK OR ACQUISITION. 20 THE HEARING MAY BE THE HEARING PROVIDED FOR IN SUBSECTION (2). 21 AFTER THE HEARING AND THE DETERMINATION TO PROCEED WITH THE WORK, 22 THE DRAINAGE BOARD SHALL PROCEED IN THE SAME MANNER AND HAVE THE 23 SAME POWERS AND DUTIES AS ARE PROVIDED FOR OTHER DRAIN PROJECTS 24 IN THIS CHAPTER. 25 CHAPTER 22.00488'99 * 242 1 WATERSHED MANAGEMENT.2DISTRICTS AND SUBDISTRICTS.3 SEC. 585. AS USED IN THIS CHAPTER, UNLESS THE CONTEXT INDI- 4 CATES OTHERWISE: 5 (A) "ADVISORY BOARD" MEANS THE WATERSHED ADVISORY BOARD OF A 6 DISTRICT ESTABLISHED UNDER SECTION 592. 7 (B) "BENEFIT" OR "BENEFITS" MEANS THE ADVANTAGES RESULTING 8 FROM A PLAN OR PROJECT TO PUBLIC CORPORATIONS, THE RESIDENTS OF 9 PUBLIC CORPORATIONS, AND PROPERTY WITHIN PUBLIC CORPORATIONS. 10 BENEFITS INCLUDE, BUT ARE NOT LIMITED TO, BENEFITS THAT RESULT 11 FROM THE MANAGEMENT AND CONTROL OF WATER, SUCH AS ELIMINATION OR 12 REDUCTION OF FLOOD DAMAGE, ELIMINATION OR REDUCTION OF WATER 13 QUALITY CONDITIONS THAT JEOPARDIZE THE PUBLIC HEALTH, SAFETY, OR 14 WELFARE, INCREASE OF THE VALUE OR USE OF LANDS AND PROPERTY ARIS- 15 ING FROM IMPROVED WATER QUALITY, INCREASED USEFULNESS OF THE 16 WATER FOR AGRICULTURAL OR RECREATIONAL USES, REDUCTION OF FLOOD- 17 ING, IMPROVED DRAINAGE, AND REMEDYING A PUBLIC CORPORATION'S CON- 18 TRIBUTIONS TO THE CONDITIONS THAT MAKE A PLAN NECESSARY. 19 (C) "COMMISSION" MEANS THE WATERSHED MANAGEMENT COMMISSION 20 OF A DISTRICT. 21 (D) "DISTRICT", UNLESS THE CONTEXT CLEARLY INDICATES OTHER- 22 WISE, MEANS A WATERSHED MANAGEMENT DISTRICT. 23 (E) "EXECUTIVE COMMITTEE" MEANS THE WATERSHED MANAGEMENT 24 DISTRICT EXECUTIVE COMMITTEE ESTABLISHED UNDER SECTION 591. 25 (F) "PETITION FILER" MEANS THE PERSON WHO FILED A PETITION 26 UNDER SECTION 586 TO INITIATE PROCEDURES TO ESTABLISH A 27 DISTRICT. 00488'99 * 243 1 (G) "PLAN" MEANS A WATERSHED MANAGEMENT PLAN ADOPTED UNDER 2 SECTION 595. 3 (H) "PROJECT" MEANS AN ACTIVITY SET FORTH IN THE WATERSHED 4 MANAGEMENT PLAN. 5 (I) "PUBLIC CORPORATION" MEANS A COUNTY, TOWNSHIP, CITY, OR 6 VILLAGE. 7 (J) "STUDY" OR "WATERSHED STUDY" MEANS THE PROCESS BY WHICH 8 THE OBJECTIVES OF THE PETITION OR OBJECTIVES IDENTIFIED BY THE 9 COMMISSION ARE INVESTIGATED AND RESOLVED, SETTING FORTH THE 10 WATERSHED MANAGEMENT PLAN. 11 (K) "WATERSHED" MEANS A GEOGRAPHIC AREA OF ANY SIZE FROM 12 WHICH WATER SEEKS A COMMON OUTLET, INCLUDING, BUT NOT LIMITED TO, 13 A CREEKSHED, CATCHMENT AREA, DRAINAGE BASIN, DRAINAGE DISTRICT, 14 OR RIVER BASIN. 15 SEC. 586. (1) TO INITIATE PROCEDURES TO ESTABLISH A WATER- 16 SHED MANAGEMENT DISTRICT AND DEVELOP A WATERSHED MANAGEMENT PLAN, 17 A PETITION SHALL BE FILED WITH THE COUNTY BOARD OF COMMISSIONERS 18 IN A COUNTY WHERE ALL OR A PORTION OF THE PROPOSED WATERSHED MAN- 19 AGEMENT DISTRICT IS TO BE LOCATED AND ESTABLISHED. 20 (2) THE PETITION SHALL STATE THAT IT IS FILED UNDER THIS 21 CHAPTER, REQUEST THE ESTABLISHMENT OF A DISTRICT, SET FORTH THE 22 PROPOSED NAME OF THE DISTRICT, AND BRIEFLY RECITE FACTS AND CIR- 23 CUMSTANCES SHOWING THAT THE DISTRICT WOULD BE CONDUCIVE TO THE 24 PUBLIC HEALTH, CONVENIENCE, OR WELFARE OR TO THE PROTECTION AND 25 REHABILITATION OF WATERS OF THE DISTRICT. THE PETITION SHALL 26 IDENTIFY THE COMMON OUTLET FOR THE PROPOSED DISTRICT. THE 27 PETITION SHALL INCLUDE A GENERAL DESCRIPTION OF THE LOCATION OF 00488'99 * 244 1 THE PROPOSED DISTRICT WHICH MAY CONSIST OF A MAP GENERALLY 2 OUTLINING THE BOUNDARIES OF THE PROPOSED DISTRICT. THE PETITION 3 SHALL ALSO REQUEST THE DEVELOPMENT OF A WATERSHED MANAGEMENT PLAN 4 AND IDENTIFY THE OBJECTIVES TO BE INVESTIGATED. THE PETITION MAY 5 SPECIFY PERSONS OR ENTITIES THAT SHOULD BE CONSIDERED FOR MEMBER- 6 SHIP ON ANY APPOINTED WATERSHED ADVISORY BOARD. 7 (3) A PETITION FOR THE ESTABLISHMENT OF A DISTRICT SHALL BE 8 SIGNED BY 1 OF THE FOLLOWING, AS APPLICABLE: 9 (A) FOR A DISTRICT LYING WHOLLY WITHIN THE BOUNDARIES OF 1 10 COUNTY, BY A RESOLUTION OF THE GOVERNING BODY OF AT LEAST 1 11 PUBLIC CORPORATION LYING WHOLLY OR PARTLY WITHIN THAT COUNTY. 12 (B) FOR A DISTRICT LYING WHOLLY OR PARTLY WITHIN 2 OR MORE 13 COUNTIES, BY RESOLUTIONS OF THE GOVERNING BODIES OF AT LEAST 2 14 PUBLIC CORPORATIONS LYING WHOLLY OR PARTLY WITHIN THOSE 15 COUNTIES. 16 SEC. 587. THE PETITION FILER SHALL ALSO FILE WITH THE BOARD 17 OF COUNTY COMMISSIONERS A CASH DEPOSIT SUFFICIENT TO PAY THE 18 COSTS, AS DETERMINED BY THE COUNTY BOARD OF COMMISSIONERS, OF 19 NOTICE UPON EACH AFFECTED PUBLIC CORPORATION, PUBLICATION OF 20 NOTICE FOR THE FIRST MEETING OF THE COMMISSION, AND PUBLICATION 21 OF THE FIRST HEARING. ANY UNUSED FUNDS FROM THE DEPOSIT SHALL BE 22 RETURNED TO THE PERSON FILING THE PETITION. IF A DISTRICT IS 23 ESTABLISHED, THE BALANCE OF THE DEPOSIT SHALL BE CONSIDERED A 24 COST OF THE WATERSHED MANAGEMENT DISTRICT, SHALL BE COLLECTED IN 25 THE FIRST ASSESSMENT, AND SHALL BE RETURNED TO THE PETITIONER 26 UPON COLLECTION OF THE FIRST ASSESSMENT. 00488'99 * 245 1 SEC. 588. (1) WITHIN 42 DAYS FOLLOWING RECEIPT OF THE 2 PETITION, THE COUNTY BOARD OF COMMISSIONERS SHALL REVIEW THE 3 PETITION FOR SUFFICIENCY UNDER SECTION 586. IF THE PETITION IS 4 INSUFFICIENT UNDER SECTION 586, THE COUNTY BOARD OF COMMISSIONERS 5 SHALL RETURN THE PETITION TO THE FILER OF THE PETITION WITH A 6 WRITTEN EXPLANATION OF THE REASONS THAT THE PETITION IS 7 INSUFFICIENT. 8 (2) IF THE COUNTY BOARD OF COMMISSIONERS FINDS THAT THE 9 PETITION IS SUFFICIENT, A WATERSHED MANAGEMENT COMMISSION IS 10 ESTABLISHED FOR THE PROPOSED DISTRICT. THE COMMISSION CONSISTS 11 OF THE FOLLOWING MEMBERS: 12 (A) THE DRAIN COMMISSIONER OF EACH COUNTY WITHIN THE 13 DISTRICT. 14 (B) THE CHIEF ELECTED OFFICIAL OR AN ELECTED OFFICIAL DESIG- 15 NATED BY THE CHIEF ELECTED OFFICIAL OF EACH PUBLIC CORPORATION 16 WITH LANDS WITHIN THE DISTRICT. 17 (C) THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY 18 OR A PERSON DESIGNATED BY THE DIRECTOR AS A NONVOTING MEMBER. 19 (D) THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES OR A 20 PERSON DESIGNATED BY THE DIRECTOR AS A NONVOTING MEMBER. 21 (E) UNLESS THE DISTRICT LIES WHOLLY WITHIN THE BOUNDARIES OF 22 1 COUNTY, THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE OR A 23 PERSON DESIGNATED BY THE DIRECTOR. 24 (3) WITHIN 28 DAYS OF DETERMINING THAT THE PETITION IS SUF- 25 FICIENT, THE COUNTY BOARD OF COMMISSIONERS SHALL DO BOTH OF THE 26 FOLLOWING: 00488'99 * 246 1 (A) MAKE A PRELIMINARY FINDING OF THE PUBLIC CORPORATIONS 2 SUBJECT TO ASSESSMENT UNDER THIS CHAPTER. 3 (B) BY FIRST-CLASS MAIL PROVIDE NOTICE OF THE FIRST MEETING 4 OF THE WATERSHED MANAGEMENT COMMISSION TO ALL OF THE FOLLOWING: 5 (i) THE COUNTY CLERK, DRAIN COMMISSIONER, AND CHAIRPERSON OF 6 EACH COUNTY ROAD COMMISSION OF EACH COUNTY SUBJECT TO ASSESSMENT 7 UNDER THIS CHAPTER. 8 (ii) THE CHAIRPERSON OF EACH SOIL CONSERVATION DISTRICT 9 WITHIN THE PROPOSED WATERSHED MANAGEMENT DISTRICT. 10 (iii) THE CLERK OF EACH CITY, VILLAGE, AND TOWNSHIP HAVING 11 LANDS WITHIN THE PROPOSED DISTRICT. 12 (iv) THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE. 13 (v) THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL 14 QUALITY. 15 (vi) THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES. 16 (vii) THE DIRECTOR OF THE STATE TRANSPORTATION DEPARTMENT. 17 (viii) THE CHAIRPERSON OF ANY WATERSHED COUNCIL ESTABLISHED 18 UNDER PART 311 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTEC- 19 TION ACT, 1994 PA 451, MCL 324.31101 TO 324.31119, WHOSE WATER- 20 SHED LIES WHOLLY OR PARTLY WITHIN THE DISTRICT. 21 (4) THE NOTICE SHALL INCLUDE A COPY OF THE PETITION AND 22 SHALL REQUEST EACH NOTIFIED PUBLIC CORPORATION TO DESIGNATE A 23 REPRESENTATIVE TO THE COMMISSION AND STATE THE TIME AND PLACE OF 24 THE FIRST MEETING WHICH SHALL BE NOT LESS THAN 42 AND NOT MORE 25 THAN 63 DAYS FOLLOWING THE MAILING OF THE NOTICE. FAILURE OF THE 26 GOVERNING BODY OF ANY PUBLIC CORPORATION ENTITLED REPRESENTATION 27 TO DESIGNATE A MEMBER TO THE COMMISSION DOES NOT PREVENT THE 00488'99 * 247 1 INCLUSION OF THE PUBLIC CORPORATION IN THE WATERSHED MANAGEMENT 2 DISTRICT OR EXEMPT IT FROM ASSESSMENT OR OTHER OBLIGATIONS UNDER 3 THIS CHAPTER. 4 (5) THE COUNTY BOARD OF COMMISSIONERS WITH WHOM THE PETITION 5 WAS FILED SHALL ALSO PUBLISH A NOTICE OF THE FIRST MEETING OF THE 6 COMMISSION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PROPOSED 7 DISTRICT. 8 (6) EACH COUNTY BOARD OF COMMISSIONERS WHOSE COUNTY LIES 9 WHOLLY OR PARTLY WITHIN THE BOUNDARIES OF THE DISTRICT SHALL BY 10 FIRST-CLASS MAIL DELIVER A COPY OF THE NOTICE UNDER SUBSECTION 11 (4) TO ANY INTERESTED PARTY THAT HAS MADE A WRITTEN REQUEST TO BE 12 NOTIFIED REGARDING WATERSHED MANAGEMENT DISTRICT PETITIONS. 13 SEC. 589. (1) AT THE FIRST MEETING OF THE COMMISSION, THE 14 COMMISSION SHALL ELECT A CHAIRPERSON, VICE-CHAIRPERSON, AND SEC- 15 RETARY FROM AMONG ITS MEMBERS. THE CHAIRPERSON OF THE COMMISSION 16 MAY VOTE ONLY IF NECESSARY TO CAST THE DECIDING VOTE IN CASE OF A 17 TIE. 18 (2) THE COMMISSION SHALL DESIGNATE THE DRAIN COMMISSIONER OF 19 1 OF THE COUNTIES IN THE DISTRICT TO SERVE AS TREASURER OF THE 20 DISTRICT. MONEY HELD BY THE DISTRICT'S TREASURER SHALL ONLY BE 21 PAID OUT UPON THE ORDER OF THE COMMISSION EXCEPT FOR THE PAYMENT 22 OF PRINCIPAL AND INTEREST ON NOTES OR BONDS. THE COMMISSION 23 SHALL CAUSE THE ACCOUNTS OF THE DISTRICT'S TREASURER TO BE 24 AUDITED ANNUALLY BY A CERTIFIED PUBLIC ACCOUNTANT. THE EXPENSE 25 OF THE AUDIT SHALL BE PAID BY THE WATERSHED MANAGEMENT DISTRICT. 26 THE DISTRICT'S TREASURER SHALL INVEST THE FUNDS AS DIRECTED BY 27 THE COMMISSION. UNLESS THE COMMISSION DIRECTS OTHERWISE, THE 00488'99 * 248 1 FUNDS SHALL BE INVESTED IN INTEREST BEARING ACCOUNTS IN THE NAME 2 OF THE DISTRICT. 3 (3) THE COMMISSION SHALL ADOPT RULES OF DISTRICT PROCEDURES 4 OR BYLAWS NOT INCONSISTENT WITH THIS CHAPTER. 5 (4) THE BUSINESS THAT THE COMMISSION, THE EXECUTIVE COMMIT- 6 TEE, IF ANY, OR THE ADVISORY BOARD MAY PERFORM SHALL BE CONDUCTED 7 AT A PUBLIC MEETING OF THE COMMISSION, THE EXECUTIVE COMMITTEE, 8 IF ANY, OR THE ADVISORY BOARD HELD IN COMPLIANCE WITH THE OPEN 9 MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275. 10 (5) A MEETING OF THE COMMISSION SHALL BE CALLED BY THE 11 CHAIRPERSON OR 2 OR MORE MEMBERS OF THE COMMISSION BY SENDING 12 NOTICE OF THE MEETING BY FIRST-CLASS MAIL TO EACH MEMBER NOT LESS 13 THAN 20 DAYS BEFORE THE DATE OF THE MEETING. A MAJORITY OF THE 14 MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSI- 15 NESS, BUT A LESSER NUMBER MAY ADJOURN FROM TIME TO TIME. UNLESS 16 OTHERWISE PROVIDED IN THIS ACT, AN ACTION SHALL NOT BE TAKEN 17 EXCEPT BY A MAJORITY VOTE OF THE MEMBERS PRESENT AND VOTING. 18 (6) THE COMMISSION SHALL MEET AT LEAST ONCE ANNUALLY BEFORE 19 APRIL 1. THE FIRST MEETING OF THE COMMISSION EACH YEAR SHALL BE 20 CONSIDERED ITS ANNUAL MEETING. AT ITS ANNUAL MEETING, THE COM- 21 MISSION SHALL DO ALL OF THE FOLLOWING: 22 (A) APPOINT MEMBERS OF THE WATERSHED ADVISORY BOARD AND 23 EXECUTIVE COMMITTEE AND SUCH OTHER COMMITTEES AS IT CONSIDERS 24 APPROPRIATE. 25 (B) APPROVE ASSESSMENTS FOR DISTRICT OPERATION AND WATERSHED 26 MANAGEMENT PLAN IMPLEMENTATION. 00488'99 * 249 1 (C) APPROVE AN ANNUAL WORK PLAN AND ANNUAL BUDGET FOR THE 2 DISTRICT FOR THE ENSUING YEAR, AND CONDUCT OTHER BUSINESS. 3 (D) ISSUE AN ANNUAL REPORT STATING PROGRESS TOWARD THE 4 PETITION. 5 (E) CONDUCT OTHER BUSINESS. 6 (7) A COPY OF THE ANNUAL REPORT AND BUDGET SHALL BE PRE- 7 PARED, PUBLISHED, AND PROVIDED TO ALL PUBLIC CORPORATIONS IN THE 8 DISTRICT, THE DEPARTMENT OF AGRICULTURE, THE DEPARTMENT OF ENVI- 9 RONMENTAL QUALITY, AND THE DEPARTMENT OF NATURAL RESOURCES. 10 (8) ORDERS ISSUED BY THE COMMISSION SHALL BE SIGNED BY THE 11 CHAIRPERSON AND THE SECRETARY. 12 (9) THE SECRETARY SHALL PREPARE AND SIGN 3 DUPLICATE ORIGI- 13 NALS OF THE MINUTES OF THE PROCEEDINGS OF THE BODY. THE SECRE- 14 TARY SHALL RETAIN 1 DUPLICATE ORIGINAL, FILE 1 DUPLICATE ORIGINAL 15 WITH THE CHAIRPERSON, AND FILE 1 DUPLICATE ORIGINAL WITH THE 16 DIRECTOR OF THE DEPARTMENT OF AGRICULTURE. THE ORIGINALS OF ALL 17 PROCEEDINGS AND RECORDS SHALL BE KEPT ON FILE WITH THE 18 SECRETARY. 19 (10) A WRITING PREPARED, OWNED, USED, IN THE POSSESSION OF, 20 OR RETAINED BY THE COMMISSION IN THE PERFORMANCE OF AN OFFICIAL 21 FUNCTION IS SUBJECT TO THE FREEDOM OF INFORMATION ACT, 1976 PA 22 442, MCL 15.231 TO 15.246. 23 SEC. 590. (1) AT THE FIRST MEETING, THE COMMISSION SHALL 24 TENTATIVELY DETERMINE THE PRACTICALITY OF THE PETITION AND 25 WHETHER A DISTRICT WOULD BE CONDUCIVE TO THE PUBLIC HEALTH, CON- 26 VENIENCE, OR WELFARE OR TO THE PROTECTION AND REHABILITATION OF 27 THE WATERS OF THE DISTRICT. IF THE COMMISSION DETERMINES THAT 00488'99 * 250 1 THE PETITION IS NOT PRACTICAL, THE COMMISSION MAY RETURN THE 2 PETITION TO THE PETITION FILER FOR SUPPLEMENTATION AND 3 REFINEMENT. IF SUCH REFINEMENT RESULTS IN THE INCLUSION OF ADDI- 4 TIONAL PUBLIC CORPORATIONS WHICH ARE ENTITLED TO DESIGNATE A 5 MEMBER OF THE COMMISSION, THE COMMISSION SHALL NOTIFY THE CLERK 6 OF SUCH PUBLIC CORPORATION OF THE TIME AND PLACE TO RECONVENE THE 7 COMMISSION. IF THE COMMISSION AT ANY TIME DETERMINES THAT THE 8 DISTRICT WOULD NOT BE CONDUCIVE TO THE PUBLIC HEALTH, CONVE- 9 NIENCE, OR WELFARE OR TO THE PROTECTION AND REHABILITATION OF THE 10 WATERS OF THE DISTRICT, IT SHALL ORDER THE PETITION DISMISSED AND 11 PROCEEDINGS UNDER THE PETITION SHALL BE TERMINATED. IF A PETI- 12 TION IS SO DISMISSED, A PETITION THAT IS THE SAME OR SUBSTAN- 13 TIALLY THE SAME SHALL NOT BE FILED UNDER THIS CHAPTER FOR 1 YEAR 14 AFTER THE DATE OF DISMISSAL. 15 (2) IF THE COMMISSION TENTATIVELY FINDS THAT THE PETITION IS 16 PRACTICAL AND THAT THE WATERSHED MANAGEMENT DISTRICT WOULD BE 17 CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR WELFARE OR TO THE 18 PROTECTION AND REHABILITATION OF WATERS OF THE DISTRICT, IT SHALL 19 PROMPTLY SELECT A NAME FOR THE DISTRICT AND MAKE A TENTATIVE 20 DETERMINATION OF THE PUBLIC CORPORATIONS TO BE ASSESSED FOR THE 21 COST, AND FIX A TIME, DATE, AND PLACE TO HEAR OBJECTIONS TO THE 22 ESTABLISHMENT OF THE DISTRICT AND PUBLIC CORPORATIONS SUBJECT TO 23 ASSESSMENT. THE HEARING SHALL TAKE PLACE WITHIN 42 DAYS OF THE 24 TENTATIVE DETERMINATION OF THE PUBLIC CORPORATIONS TO BE 25 ASSESSED. NOTICE OF THE HEARING SHALL BE PUBLISHED TWICE BY 26 INSERTING THE NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 27 DISTRICT. THE PUBLICATION SHALL NOT BE LESS THAN 21 DAYS BEFORE 00488'99 * 251 1 THE DATE OF THE HEARING. THE NOTICE SHALL ALSO BE SENT BY 2 FIRST-CLASS MAIL TO THE CLERK OF EACH PUBLIC CORPORATION PROPOSED 3 TO BE ASSESSED NOT LESS THAN 21 DAYS BEFORE THE DATE OF THE 4 HEARING. THE NOTICE SHALL BE SIGNED BY THE CHAIRPERSON AND PROOF 5 OF THE PUBLICATION AND MAILING OF THE NOTICE SHALL BE FILED IN 6 HIS OR HER OFFICE. THE PROOF WILL BE CONCLUSIVE OF THE PUBLICA- 7 TION AND MAILING. THE COMMISSION MAY PROVIDE A FORM TO BE SUB- 8 STANTIALLY FOLLOWED IN GIVING OF NOTICE. 9 (3) AFTER THE HEARING, THE COMMISSION SHALL DETERMINE 10 WHETHER THE PETITION IS PRACTICAL AND THE DISTRICT WOULD BE CON- 11 DUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR WELFARE OR TO THE 12 PROTECTION AND REHABILITATION OF THE WATERS OF THE DISTRICT AND, 13 IF SO, THE PUBLIC CORPORATIONS TO BE ASSESSED. THE COMMISSION 14 SHALL ISSUE ITS ORDER ACCORDINGLY. THE ORDER SHALL BE KNOWN AS 15 THE ORDER DESIGNATING THE WATERSHED MANAGEMENT DISTRICT. A 16 PUBLIC CORPORATION SHALL NOT BE ELIMINATED FROM OR ADDED TO THOSE 17 TENTATIVELY DETERMINED TO BE ASSESSED WITHOUT A REHEARING AFTER 18 NOTICE. THE COMMISSION SHALL PUBLISH NOTICE OF THE ORDER DESIG- 19 NATING THE DISTRICT BY PUBLISHING IN A NEWSPAPER OF GENERAL CIR- 20 CULATION IN THE DISTRICT. THE NOTICE SHALL GIVE A GENERAL 21 DESCRIPTION OF THE COMMON OUTLET AND THE LOCATION OF THE DISTRICT 22 AS SHOWN BY THE ORDER. IN ADDITION, THE COMMISSION SHALL SERVE A 23 COPY OF THE ORDER BY FIRST-CLASS MAIL ON THE CLERKS OF EACH 24 PUBLIC CORPORATION WITHIN THE DISTRICT, THE DIRECTOR OF AGRICUL- 25 TURE, THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY, 26 THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES, AND THE 00488'99 * 252 1 SECRETARY OF EACH SOIL CONSERVATION DISTRICT WITHIN THE PROPOSED 2 DISTRICT. 3 (4) ANY PUBLIC CORPORATION AGGRIEVED BY THE DECISION OF THE 4 COMMISSION MAY FILE AN APPEAL IN THE CIRCUIT COURT FOR THE CIR- 5 CUIT COURT CIRCUIT WHERE THAT PUBLIC CORPORATION IS LOCATED 6 WITHIN 28 DAYS. 7 SEC. 591. (1) THE COMMISSION SHALL FUNCTION AS THE GOVERN- 8 ING BODY OF THE DISTRICT. ACTIONS TAKEN BY THE COMMISSION SHALL 9 BE TAKEN IN THE NAME OF THE DISTRICT. 10 (2) AFTER THE COMMISSION ISSUES ITS ORDER DESIGNATING THE 11 DISTRICT, IT MAY APPOINT A WATERSHED MANAGEMENT DISTRICT EXECU- 12 TIVE COMMITTEE. ONLY MEMBERS OF THE COMMISSION ARE ELIGIBLE TO 13 BE MEMBERS OF THE EXECUTIVE COMMITTEE. THE MEMBERS OF THE EXECU- 14 TIVE COMMITTEE SHALL BE ELECTED BY A VOTE OF THE MAJORITY OF THE 15 MEMBERS OF THE COMMISSION. HOWEVER, THE DRAIN COMMISSIONER SERV- 16 ING ON THE COMMISSION SHALL BE A MEMBER OF THE EXECUTIVE 17 COMMITTEE. 18 (3) THE EXECUTIVE COMMITTEE SHALL PERFORM ADMINISTRATIVE AND 19 MINISTERIAL DUTIES AS DIRECTED BY THE COMMISSION AND OUTLINED IN 20 ITS BYLAWS. THE EXECUTIVE COMMITTEE'S DUTIES MAY INCLUDE CONDUCT 21 OF MEETINGS AND PUBLIC HEARINGS FOR PURPOSES OF RECOMMENDING A 22 WATERSHED MANAGEMENT PLAN AND RECOMMENDING IMPLEMENTATION OF THE 23 PLAN. THE EXECUTIVE COMMITTEE MAY PREPARE AND MAKE RECOMMENDA- 24 TIONS AS TO THE APPORTIONMENT OF COSTS AND THE REVIEW OF 25 EXPENDITURES. HOWEVER, THE ADOPTION OF THE FINAL PLAN, IMPLEMEN- 26 TATION OF THE PLAN, FINAL APPORTIONMENT OF COSTS, ADOPTION OF AN 00488'99 * 253 1 ANNUAL BUDGET, AND AUTHORIZATION OF ASSESSMENTS SHALL BE APPROVED 2 BY THE MAJORITY OF THE COMMISSION. 3 SEC. 592. (1) AFTER THE ISSUANCE OF THE ORDER DESIGNATING 4 THE DISTRICT, THE COMMISSION SHALL DEVELOP THE TENTATIVE SCOPE OF 5 THE WATERSHED STUDY WHICH SHALL GUIDE THE DEVELOPMENT OF THE 6 WATERSHED MANAGEMENT PLAN. 7 (2) THE COMMISSION SHALL APPOINT A WATERSHED MANAGEMENT DIS- 8 TRICT ADVISORY BOARD. THE COMMISSION SHALL INVITE THE DEPARTMENT 9 OF NATURAL RESOURCES, THE DEPARTMENT OF ENVIRONMENTAL QUALITY, 10 THE STATE TRANSPORTATION DEPARTMENT, AND ANY WATERSHED COUNCIL 11 ESTABLISHED UNDER PART 311 OF THE NATURAL RESOURCES AND ENVIRON- 12 MENTAL PROTECTION ACT, 1994 PA 451, MCL 324.31101 TO 324.31119, 13 SOIL CONSERVATION DISTRICT, OR BOARD OF COUNTY ROAD COMMISSIONERS 14 WHOSE WATERSHED, CONSERVATION DISTRICT, OR COUNTY LIES WHOLLY OR 15 PARTLY WITHIN THE WATERSHED MANAGEMENT DISTRICT TO APPOINT A REP- 16 RESENTATIVE TO THE ADVISORY BOARD. THE COMMISSION MAY CONSIDER 17 AS MEMBERS OF THE ADVISORY BOARD THOSE PERSONS OR ENTITIES WHICH 18 WERE SPECIFIED AS PART OF THE PETITION, AND ANY OTHER PERSON OR 19 ENTITY WITH AN INTEREST IN THE DISTRICT, INCLUDING, BUT NOT 20 LIMITED TO, FEDERAL, STATE, COUNTY, AND MUNICIPAL AGENCIES, 21 REGIONAL PLANNING AGENCIES, PROPERTY OWNERS, AND INTEREST 22 GROUPS. IT IS INTENDED THAT THE ADVISORY BOARD INCLUDE MEMBERS 23 WHO WILL REPRESENT A BALANCE OF THE INTERESTS EXISTING IN THE 24 DISTRICT. 25 (3) AT ITS FIRST MEETING, THE ADVISORY BOARD SHALL ELECT A 26 CHAIRPERSON AND SECRETARY. MINUTES SHALL BE KEPT AT ALL 27 MEETINGS, AND RECORDS OF ALL PROCEEDINGS AND RECOMMENDATIONS OF 00488'99 * 254 1 THE ADVISORY BOARD SHALL BE FILED IN THE OFFICE OF THE 2 CHAIRPERSON OF THE COMMISSION. 3 (4) THE WATERSHED MANAGEMENT COMMISSION SHALL APPOINT AT 4 LEAST 1 MEMBER OF THE COMMISSION TO THE ADVISORY BOARD. ONCE THE 5 ADVISORY BOARD HAS BEEN ESTABLISHED, THE COMMISSION SHALL PERIOD- 6 ICALLY REVIEW THE MEMBERSHIP BASED UPON DEMOGRAPHIC INFORMATION 7 OF THE WATERSHED MANAGEMENT DISTRICT AND REVISE THE MEMBERSHIP AS 8 NECESSARY TO ENSURE A BALANCE OF ALL INTERESTS IN THE DISTRICT. 9 (5) THE ADVISORY BOARD, IN CONJUNCTION WITH THE COMMISSION 10 OR ITS EXECUTIVE COMMITTEE, OR BOTH, SHALL FURTHER DEFINE THE 11 SCOPE OF THE WATERSHED STUDY. THE WATERSHED STUDY OR THE PLAN 12 MAY INCLUDE 1 OR MORE OF THE FOLLOWING: 13 (A) PREPARATION OF PLANS. 14 (B) PROBLEM ASSESSMENT. 15 (C) SPECIAL STUDIES. 16 (D) WATER QUALITY, WATER QUANTITY MONITORING, OR BIOLOGICAL 17 MONITORING. 18 (E) MODELING. 19 (F) DATA GATHERING. 20 (G) EDUCATION AND EDUCATION PROGRAMS. 21 (H) PURCHASE OF LANDS, ACQUISITION OF CONSERVATION OR OTHER 22 EASEMENTS OR RIGHTS-OF-WAY, OR PURCHASE OF DEVELOPMENT RIGHTS. 23 (I) DEVELOPMENT AND RECOMMENDATION OF ORDINANCES AND REGULA- 24 TORY PROGRAMS TO BE IMPLEMENTED BY THE PUBLIC CORPORATION. 25 (J) MAPPING. 26 (K) PUBLICATIONS. 00488'99 * 255 1 (l) TESTING. 2 (M) HYDROLOGICAL ENGINEERING, ANALYSIS, AND MODELING. 3 (N) DEVELOPMENT AND DRAFTING OF RECOMMENDED MANAGEMENT 4 PRACTICES. 5 (O) ANY OTHER COMPONENT CONSIDERED APPROPRIATE BY THE COM- 6 MISSION TO ACCOMPLISH THE PURPOSE OF THIS CHAPTER, OTHER THAN 7 CONSTRUCTION ACTIVITIES WHICH CONSTITUTE MAINTENANCE, IMPROVE- 8 MENT, OR CONSTRUCTION OF A DRAIN OR CONSTRUCTION ACTIVITIES 9 WITHIN BOUNDARIES OF THE WATERCOURSE. 10 (6) THE ADVISORY BOARD SHALL CONDUCT PUBLIC MEETINGS TO 11 GATHER INPUT ON THE SCOPE OF THE WATERSHED STUDY. THE ADVISORY 12 BOARD SHALL PREPARE ITS RECOMMENDATION FOR THE SCOPE OF THE 13 WATERSHED STUDY. THE RECOMMENDATION SHALL BE FORWARDED TO THE 14 COMMISSION. 15 (7) UPON RECEIPT OF THE ADVISORY BOARD'S RECOMMENDATION, THE 16 COMMISSION SHALL CONVENE TO DISCUSS THE RECOMMENDATION AND TENTA- 17 TIVELY ADOPT THE SCOPE OF THE WATERSHED STUDY. THE COMMISSION 18 SHALL SET A TIME, DATE, AND PLACE TO HEAR ANY OBJECTIONS TO THE 19 PROPOSED SCOPE OF THE WATERSHED STUDY. 20 SEC. 593. (1) AFTER CONVENING A MEETING OF THE COMMISSION 21 TO HEAR ANY OBJECTIONS TO THE PROPOSED SCOPE OF THE WATERSHED 22 STUDY AND GIVING THE OBJECTIONS DUE CONSIDERATION, THE COMMISSION 23 SHALL CONVENE TO FINALIZE THE SCOPE OF THE WATERSHED STUDY, ADOPT 24 THE SCOPE OF THE WATERSHED STUDY, AND TENTATIVELY APPORTION BENE- 25 FITS IN A FIRST ORDER OF DETERMINATION. 26 (2) INTERESTED PARTIES MAY APPEAL THE SCOPE OF THE PLAN OR 27 THE APPORTIONMENT OF BENEFITS TO THE CIRCUIT COURT IN THE COUNTY 00488'99 * 256 1 WHERE THEY RESIDE WITHIN 21 DAYS OF THE ISSUANCE OF THE FIRST 2 ORDER. 3 (3) THE COMMISSION SHALL NOT PROCEED WITH THE IMPLEMENTATION 4 OF THE WATERSHED STUDY WHILE ANY APPEALS ARE PENDING. 5 SEC. 594. (1) AFTER ANY APPEALS HAVE BEEN RESOLVED, THE 6 COMMISSION SHALL AUTHORIZE THE ADVISORY BOARD TO IMPLEMENT THE 7 SCOPE OF THE WATERSHED STUDY. THE COMMISSION SHALL ESTABLISH 8 OPERATING PROCEDURES FOR THE ADVISORY BOARD TO COMPLETE THE 9 WATERSHED STUDY AND DEVELOP THE DRAFT PLAN. 10 (2) AFTER THE FIRST ORDER OF DETERMINATION HAS BEEN ENTERED, 11 THE COMMISSION MAY CONTRACT WITH PERSONS TO ASSIST IN THE COMPLE- 12 TION OF THE WATERSHED STUDY AND ASSIST THE ADVISORY BOARD IN THE 13 PREPARATION OF THE DRAFT PLAN. THE COMMISSION MAY HIRE EMPLOYEES 14 AND DETERMINE THEIR COMPENSATION. AN EMPLOYEE SHALL NOT BE A 15 MEMBER OF THE COMMISSION OR ANY ADVISORY BOARD. 16 (3) THE ADVISORY BOARD MAY CONVENE PUBLIC HEARINGS TO GATHER 17 PUBLIC INPUT ON THE DRAFT PLAN. THE ADVISORY BOARD SHALL GIVE 18 DUE CONSIDERATION TO ANY RECOMMENDATION SUBMITTED BY LANDOWNERS, 19 PUBLIC CORPORATIONS, AND OTHER INTERESTED PARTIES. 20 (4) PROMPTLY AFTER COMPLETION OF THE SCOPE OF THE WATERSHED 21 STUDY AND PREPARATION OF A DRAFT WATERSHED MANAGEMENT PLAN, THE 22 ADVISORY BOARD SHALL SUBMIT ITS REPORT AND RECOMMENDATIONS TO THE 23 COMMISSION. 24 SEC. 595. (1) AFTER RECEIPT OF THE WRITTEN REPORT AND REC- 25 OMMENDATIONS FROM THE ADVISORY BOARD, THE CHAIRPERSON OF THE COM- 26 MISSION SHALL FORWARD THE REPORT AND RECOMMENDATIONS TO THE 27 MEMBERS OF THE COMMISSION AND SET THE TIME, DATE, AND PLACE FOR A 00488'99 * 257 1 MEETING TO TENTATIVELY ADOPT THE DRAFT PLAN. AFTER THE 2 COMMISSION TENTATIVELY ADOPTS THE DRAFT PLAN, THE CHAIRPERSON OF 3 THE COMMISSION SHALL GIVE NOTICE OF THE TIME, DATE, AND PLACE OF 4 A PUBLIC HEARING TO HEAR OBJECTIONS TO THE DRAFT PLAN AND THE 5 PROPOSED APPORTIONMENT OF COSTS OF IMPLEMENTATION OF THE DRAFT 6 PLAN TO THE DESIGNATED PUBLIC CORPORATIONS. NOTICE OF THE HEAR- 7 ING SHALL BE PUBLISHED TWICE IN A NEWSPAPER OF GENERAL CIRCULA- 8 TION IN THE DISTRICT. THE FIRST PUBLICATION SHALL BE NOT LESS 9 THAN 21 DAYS BEFORE THE DATE OF THE HEARING. NOTICE SHALL ALSO 10 BE SENT BY FIRST-CLASS MAIL TO THE CLERK OF EACH PUBLIC CORPORA- 11 TION PROPOSED TO BE ASSESSED NOT LESS THAN 21 DAYS BEFORE THE 12 DATE OF THE HEARING. THE CHAIRPERSON OF THE COMMISSION SHALL 13 SIGN AND FILE IN HIS OR HER OFFICE AN AFFIDAVIT OF THE PUBLISHED 14 AND MAILED NOTICE. THE AFFIDAVIT IS CONCLUSIVE PROOF OF THE PUB- 15 LICATION OR MAILING OF THE NOTICE. 16 (2) AT THE HEARING, THE COMMISSION SHALL RECEIVE TESTIMONY 17 AND EVIDENCE AS TO THE PRACTICALITY OF THE DRAFT PLAN. IF THE 18 COMMISSION FEELS THAT ADDITIONAL INFORMATION IS NEEDED BEFORE A 19 DRAFT PLAN CAN BE ADOPTED, IT MAY ADJOURN AS IT DEEMS NECESSARY, 20 BUT AN ADJOURNMENT SHALL NOT BE FOR LONGER THAN 63 DAYS. AFTER 21 THE HEARING, THE COMMISSION BY A MAJORITY VOTE SHALL MAKE A 22 DETERMINATION OF THE PRACTICALITY OF THE DRAFT PLAN, SHALL ESTAB- 23 LISH THE FINAL APPORTIONMENTS TO THE PUBLIC CORPORATIONS TO BE 24 ASSESSED, AND SHALL ENTER ORDERS THEREOF, WHICH ORDERS SHALL BE 25 KNOWN AS THE FINAL ORDER OF DETERMINATION AND FINAL ORDER OF 26 APPORTIONMENT, RESPECTIVELY. THE ORDERS SHALL BE FILED IN THE 27 OFFICE OF THE SECRETARY OF THE COMMISSION. 00488'99 * 258 1 (3) APPORTIONMENTS OF BENEFITS UNDER THIS CHAPTER SHALL BE 2 BASED UPON BENEFITS TO THE PUBLIC CORPORATIONS TO BE ASSESSED, 3 THE EXTENT TO WHICH THE PUBLIC CORPORATION CONTRIBUTES TO THE 4 CONDITIONS THAT MAKE A PLAN NECESSARY AND DERIVES SPECIAL BENEFIT 5 DIRECTLY RELATED TO ACTIONS PROPOSED BY THE PLAN, AND WHETHER A 6 PUBLIC CORPORATION OR OWNERS OF LAND IN THE PUBLIC CORPORATION 7 SPECIFICALLY REQUESTED A PROVISION OF THE PLAN. 8 SEC. 596. IF THE PLAN AS SET FORTH IN THE FINAL ORDER OF 9 DETERMINATION PROPOSES THE ESTABLISHMENT, CONSTRUCTION, MAINTE- 10 NANCE, OR IMPROVEMENT OF A COUNTY OR INTERCOUNTY DRAIN, THE 11 ESTABLISHMENT, CONSTRUCTION, MAINTENANCE, OR IMPROVEMENT SHALL BE 12 IMPLEMENTED PURSUANT TO THE APPROPRIATE PROVISIONS OF THIS ACT 13 AND BE SUBJECT TO THE JURISDICTION OF THE RESPECTIVE DRAIN COM- 14 MISSIONER OR DRAINAGE BOARD. THE COMMISSION MAY PETITION FOR 15 WORK OUTLINED IN THE PLAN, BUT ONLY PURSUANT TO CHAPTERS 20 AND 16 21. 17 SEC. 597. THE COMMISSION SHALL AT LEAST EVERY 5 YEARS 18 REVIEW AND REEVALUATE THE PLAN AND ITS IMPLEMENTATION. IN DOING, 19 THE COMMISSION SHALL SEEK THE INPUT AND RECOMMENDATIONS OF THE 20 ADVISORY BOARD. THE COMMISSION MAY RECEIVE A PETITION TO SUPPLE- 21 MENT, AMEND, OR EXPAND THE PLAN. IF SUCH A PETITION IS RECEIVED, 22 THE COMMISSION SHALL PROCEED CONSISTENT WITH THIS CHAPTER FROM 23 THE POINT IN THE PROCEEDINGS IMMEDIATELY FOLLOWING THE ORDER DES- 24 IGNATING THE DISTRICT. 25 SEC. 598. PUBLIC CORPORATIONS MAY ADVANCE FUNDS FOR THE 26 PAYMENT OF ANY PART OF THE COSTS INCURRED BY A DISTRICT AND SHALL 27 BE REPAID BY THE DISTRICT WHEN FUNDS ARE AVAILABLE. BEFORE THE 00488'99 * 259 1 ISSUANCE OF BONDS, THE COMMISSION MAY ASSESS PRELIMINARY COSTS IN 2 AN EQUITABLE MANNER AGAINST PUBLIC CORPORATIONS IN THE DISTRICT 3 AND COLLECT THE ASSESSED COSTS. THE COSTS OF ALL OF THE FOLLOW- 4 ING ARE SUBJECT TO ASSESSMENT: 5 (A) ESTABLISHING THE DISTRICT. 6 (B) DEVELOPMENT OF THE SCOPE OF THE WATERSHED STUDY. 7 (C) ADMINISTRATIVE STAFF, OFFICE, AND OTHER EXPENSES OF THE 8 COMMISSION AND ADVISORY BOARD. 9 (D) IMPLEMENTATION OF THE PLAN. 10 (E) ACQUIRING INTEREST IN LANDS. 11 (F) ENGINEERING, LEGAL, CONSULTANT, AND OTHER PROFESSIONAL 12 FEES. 13 (G) SERVICE AND PUBLICATION OF ALL NOTICES. 14 (H) INTEREST ON ALL BONDS OR NOTES FOR THE FIRST YEAR THEY 15 ARE TO BE ISSUED AND ALL PAYMENTS AND INTEREST ON BONDS OR NOTES 16 ISSUED BEFORE THE ASSESSMENT. 17 (I) OTHER ITEMS IDENTIFIED AND ALLOCATED IN THE FINALLY 18 APPROVED ANNUAL BUDGET. 19 (J) POSSIBLE CONTINGENT EXPENSES, IN AN AMOUNT NOT EXCEEDING 20 10% OF THE OTHER COSTS WHICH ARE TO BE ASSESSED AGAINST PUBLIC 21 CORPORATIONS. 22 SEC. 599. (1) ANY ACTION ARISING FROM THIS CHAPTER MAY BE 23 BROUGHT IN THE CIRCUIT COURT OF ANY COUNTY IN WHICH ANY PART OF 24 THE DISTRICT INVOLVED IS LOCATED. 25 (2) NEITHER THE FINAL ORDER OF DETERMINATION NOR THE FINAL 26 ORDER OF APPORTIONMENT IS SUBJECT TO ATTACK IN ANY COURT EXCEPT 27 BY PROCEEDINGS AND SUPERINTENDING CONTROL BROUGHT WITHIN 28 DAYS 00488'99 * 260 1 AFTER THE FILING OF SUCH ORDER IN THE OFFICE OF THE SECRETARY OF 2 THE COMMISSION. UNLESS SUCCESSFULLY CHALLENGED IN PROCEEDINGS 3 BROUGHT WITHIN THIS TIME, THE DISTRICT IS LEGALLY ESTABLISHED AND 4 THE LEGALITY OF THE PLAN AND THE ASSESSMENTS SHALL NOT BE QUES- 5 TIONED IN ANY SUIT AT LAW OR EQUITY. 6 (3) SUBSECTION (2) DOES NOT APPLY UNLESS ALL NOTICES GIVEN 7 UNDER THIS CHAPTER CONTAIN A COPY OF SUBSECTION (2). 8 SEC. 600. (1) THE COMMISSION, ITS ADVISORY BOARD, OR AN 9 EXECUTIVE COMMITTEE IS NOT AUTHORIZED TO PERFORM A DUTY, SPECIFI- 10 CALLY DELEGATED TO A DRAIN COMMISSIONER OR DRAINAGE BOARD UNDER 11 THIS ACT. 12 (2) THE COMMISSION, ITS ADVISORY BOARD, OR AN EXECUTIVE COM- 13 MITTEE IS NOT GOVERNED BY THE PROCEDURAL OR OTHER PROVISIONS CON- 14 TAINED IN THIS ACT OTHER THAN THIS CHAPTER EXCEPT AS OTHERWISE 15 SPECIFIED. HOWEVER, IF NOT CONTRARY TO THE EXPRESSED PROVISIONS 16 OF THIS CHAPTER, ANY PROVISION OR PROVISIONS IN OTHER CHAPTERS OF 17 THIS ACT MAY BE INCORPORATED BY RECITAL OR BY REFERENCES INTO ANY 18 ORDER OR RESOLUTION OF THE COMMISSION. 19CHAPTER 23.20PENALTIES.21 22 Sec. 601.If any commissioner is interested directly or23indirectly in the profits of any contract, job, work or services,24other than official services, to be performed for the drainage25district, he is deemed to be guilty of a misdemeanor, and the26office of such commissioner shall be deemed vacant and the com-27missioner so convicted shall be incapable of again holding the28office of county drain commissioner.ANY ASSESSMENTS MADE UNDER 00488'99 * 261 1 THIS CHAPTER DO NOT CONSTITUTE INDEBTEDNESS OF A PUBLIC 2 CORPORATION FOR PURPOSES OF ANY CHARTER, STATUTORY, OR CONSTITU- 3 TIONAL DEBT LIMITATION. TAXES LEVIED BY A PUBLIC CORPORATION FOR 4 THE PAYMENT OF SUCH ASSESSMENTS ARE NOT WITHIN A STATUTORY OR 5 CHARTER TAX LIMITATION. 6 Sec. 602.If any person shall wilfully or maliciously7remove any section or grade stake set along the line of any8drain, or obstruct or injure any drain, he shall be deemed guilty9of a misdemeanor, and upon conviction thereof shall be punished10by a fine not exceeding $100.00 and the costs of prosecution, or11in default of the payment thereof, by imprisonment in the county12jail not exceeding 90 days.THE COMMISSION MAY ACQUIRE THE NEC- 13 ESSARY LANDS OR RIGHTS-OF-WAY AS IDENTIFIED IN THE PLAN. SUCH 14 ACQUISITION SHALL BE BY NEGOTIATED PURCHASE OR RELEASE, OR BY 15 GIFT OR GRANT. 16 SEC. 603. (1) THE COMMISSION MAY ENTER A CONTRACT WITH ANY 17 FEDERAL AGENCY UNDER WHICH THE FEDERAL AGENCY WILL PAY THE WHOLE 18 OR ANY PART OF THE COST OF THE PLAN OR WILL PERFORM THE WHOLE OR 19 ANY PART OF THE WORK CONNECTED WITH THE PLAN. 20 (2) THE COMMISSION MAY ALSO CONTRACT WITH ANY PRIVATE OR 21 PUBLIC CORPORATION IN RESPECT TO ANY MATTER CONNECTED WITH THE 22 PLAN. SUCH CONTRACT WITH A PUBLIC CORPORATION MAY PROVIDE THAT 23 ANY PAYMENTS MADE OR WORK DONE BY THE PUBLIC CORPORATION SHALL BE 24 IN LIEU OF ALL OR PART OF THE ASSESSMENTS FOR THE COST OF THE 25 PLAN. 26 SEC. 604. AFTER THE CONFIRMATION OF THE APPORTIONMENT, THE 27 COMMISSION SHALL DIRECT THE SECRETARY OF THE COMMISSION TO 00488'99 * 262 1 PREPARE A SPECIAL ASSESSMENT ROLL ASSESSING THE ESTIMATED COST OF 2 THE PLAN, OR IF THE ACTUAL COST HAS BEEN ASCERTAINED, THE ACTUAL 3 COST AGAINST THE PUBLIC CORPORATIONS IN ACCORDANCE WITH THE CON- 4 FIRMED APPORTIONMENTS. THE COMMISSION MAY PROVIDE FOR THE PAY- 5 MENT OF THE SPECIAL ASSESSMENTS IN ANY NUMBER OF APPROXIMATELY 6 EQUAL ANNUAL INSTALLMENTS, NOT EXCEEDING 20. INSTALLMENTS OF 7 ASSESSMENTS AGAINST THE STATE AND AGAINST PUBLIC CORPORATIONS 8 WHICH COLLECT THEIR TAXES BEGINNING APPROXIMATELY DECEMBER 1 IN 9 EACH YEAR ARE DUE BY APRIL 1 OF EACH YEAR. INSTALLMENTS OF 10 ASSESSMENTS AGAINST PUBLIC CORPORATIONS ARE DUE BY THE DATE OR 11 DATES FIXED BY THE COMMISSION DEPENDING ON THE TIME OR TIMES FOR 12 THE COLLECTION OF TAXES BY THE PUBLIC CORPORATIONS. THE COMMIS- 13 SION SHALL FIX THE RATE OF INTEREST TO BE PAID UPON UNPAID 14 INSTALLMENTS AT NOT MORE THAN 6%. INTEREST IS DUE ANNUALLY ON 15 THE DAY AND MONTH UPON WHICH THE ANNUAL INSTALLMENTS ARE DUE. 16 ANY INSTALLMENT OR INSTALLMENTS MAY BE PAID IN ADVANCE OF THE DUE 17 DATE WITH INTEREST COMPUTED TO THE NEXT INSTALLMENT DUE DATE. 18 THE COMMISSION SHALL FIX THE TIME OR TIMES FOR THE PAYMENT OF THE 19 FIRST INSTALLMENT SO THAT EACH PUBLIC CORPORATION MAY MAKE A TAX 20 LEVY FOR THE PAYMENT OF THE INSTALLMENT. 21 SEC. 605. (1) THE SPECIAL ASSESSMENT ROLL SHALL CONTAIN THE 22 NAME OF EACH PUBLIC CORPORATION ASSESSED; THE TOTAL ESTIMATED 23 COST OF THE PLAN, OR THE ACTUAL COST IF THE ACTUAL COST HAS BEEN 24 ASCERTAINED AT THE TIME OF THE PREPARATION OF THE ROLL; THE PER- 25 CENTAGE APPORTIONED TO EACH PUBLIC CORPORATION; THE AMOUNT OF THE 26 ASSESSMENT FOR EACH PUBLIC CORPORATION BASED UPON THE PERCENTAGE 27 OF APPORTIONMENT; AND THE AMOUNT OF EACH INSTALLMENT IF THE 00488'99 * 263 1 ASSESSMENT IS DIVIDED INTO ANNUAL INSTALLMENTS. AFTER THE 2 SECRETARY PREPARES THE SPECIAL ASSESSMENT ROLL, THE SECRETARY 3 SHALL PRESENT THE SPECIAL ASSESSMENT ROLL TO THE COMMISSION FOR 4 APPROVAL. IF THE COMMISSION APPROVES THE ROLL, A STATEMENT TO 5 THAT EFFECT SETTING FORTH THE DATE OF APPROVAL SHALL BE SIGNED BY 6 THE CHAIRPERSON AND SECRETARY OF THE COMMISSION AND AFFIXED TO 7 THE ROLL. 8 (2) THE CHAIRPERSON OF THE COMMISSION SHALL THEN CERTIFY TO 9 EACH PUBLIC CORPORATION ASSESSED THE AMOUNT OF THE TOTAL ASSESS- 10 MENT AGAINST IT, THE AMOUNT OF THE VARIOUS INSTALLMENTS IF THE 11 ASSESSMENT IS DIVIDED INTO INSTALLMENTS, THE DUE DATE OF EACH 12 INSTALLMENT, AND THE RATE OF INTEREST UPON UNPAID INSTALLMENTS. 13 THE TREASURER SHALL ALSO EACH YEAR, AT LEAST 30 DAYS BEFORE THE 14 TIME OF THE LEVYING OF TAXES BY EACH PUBLIC CORPORATION, NOTIFY 15 THE PUBLIC CORPORATION OF THE AMOUNT OF THE INSTALLMENT AND 16 INTEREST NEXT BECOMING DUE. HOWEVER, THE FAILURE TO SO NOTIFY 17 ANY PUBLIC CORPORATION DOES NOT EXCUSE IT FROM MAKING PAYMENT OF 18 THE INSTALLMENT AND INTEREST. 19 (3) ON OR BEFORE THE DUE DATE OF AN INSTALLMENT, EACH PUBLIC 20 CORPORATION SHALL PAY TO ITS COUNTY TREASURER THE AMOUNT OF THE 21 INSTALLMENT, TOGETHER WITH INTEREST ACCRUING TO THE DUE DATE. 22 WITHIN 15 DAYS AFTER RECEIVING A PAYMENT, THE COUNTY TREASURER 23 SHALL FORWARD THE AMOUNT SO PAID TO THE TREASURER OF THE 24 COMMISSION. IF A PUBLIC CORPORATION FAILS OR NEGLECTS TO PAY THE 25 COUNTY TREASURER THE AMOUNT OF THE INSTALLMENT AND INTEREST, THE 26 COUNTY TREASURER SHALL ADVANCE THE AMOUNT TO THE TREASURER OF THE 27 COMMISSION FROM COUNTY FUNDS AND DEDUCT THE AMOUNT FROM ANY 00488'99 * 264 1 FUNDS, OTHER THAN THOSE PLEDGED FOR THE PAYMENT OF DEBTS, OF THE 2 PUBLIC CORPORATION. IF A COUNTY ADVANCED FUNDS FOR A PUBLIC COR- 3 PORATION UNDER THIS SECTION BUT HAD NOT BEEN REIMBURSED, THE 4 COUNTY BOARD OF COMMISSIONERS MAY ORDER THE PUBLIC CORPORATION 5 AND ITS OFFICERS TO LEVY UPON ITS NEXT TAX ROLL AN AMOUNT SUFFI- 6 CIENT TO MAKE SUCH REIMBURSEMENT ON OR BEFORE THE DATE WHEN ITS 7 TAXES BECOME DELINQUENT. THE PUBLIC CORPORATION AND ITS TAX 8 LEVYING AND COLLECTING OFFICIALS SHALL LEVY AND COLLECT SUCH 9 TAXES AND REIMBURSE THE COUNTY. NOTHING IN THIS SECTION PREVENTS 10 THE COUNTY FROM OBTAINING REIMBURSEMENT FROM ANY OTHER LEGAL 11 METHOD. THE TAX LEVYING OFFICIALS OF EACH OF THE PUBLIC CORPORA- 12 TIONS ASSESSED SHALL LEVY SUFFICIENT TAXES TO PAY ASSESSMENT 13 INSTALLMENTS AND INTEREST AS THEY BECOME DUE UNLESS SUFFICIENT 14 MONEY HAS BEEN SET ASIDE. 15 (4) IF A SPECIAL ASSESSMENT ROLL IS PREPARED UPON THE BASIS 16 OF THE ESTIMATED COST OF THE PLAN, THEN AFTER THE ACTUAL COST HAS 17 BEEN ASCERTAINED AND DETERMINED BY THE COMMISSION, THE SPECIAL 18 ASSESSMENTS AND THE INSTALLMENTS SHALL BE CORRECTED BY ADDING ANY 19 DEFICIENCY OR DEDUCTING ANY EXCESS, OR REFUNDING THE AMOUNT OF 20 ANY PREPAID ASSESSMENTS IN EXCESS OF THE ASSESSMENT BASED UPON 21 ACTUAL COSTS. THE COMMISSION MAY ORDER SUCH CORRECTIONS TO BE 22 MADE UPON THE ORIGINAL ROLL OR MAY ORDER THAT A NEW CORRECTED 23 ROLL BE PREPARED AND SUBMITTED FOR APPROVAL BY THE COMMISSION. 24 SEC. 606. (1) THE COMMISSION MAY ISSUE BONDS OR NOTES FOR 25 AND ON BEHALF OF THE WATERSHED MANAGEMENT DISTRICT, IN ANTICIPA- 26 TION OF THE COLLECTION OF ANY OR ALL INSTALLMENTS OF ASSESSMENTS, 00488'99 * 265 1 AND PLEDGE THE FULL FAITH AND CREDIT OF THE DISTRICT FOR THE 2 PROMPT PAYMENT OF THE PRINCIPAL AND INTEREST. 3 (2) A DISTRICT MAY BORROW MONEY OR ACCEPT THE ADVANCE OF 4 WORK, MATERIAL, OR MONEY FROM A PUBLIC OR PRIVATE CORPORATION, 5 PARTNERSHIP, ASSOCIATION, INDIVIDUAL, OR ANY AGENCY OF THE FED- 6 ERAL GOVERNMENT FOR PAYMENT FOR THE PREPARATION OR IMPLEMENTATION 7 OF THE PLAN TO BE REIMBURSED BY THE DISTRICT, WITH OR WITHOUT 8 INTEREST AS MAY BE AGREED, WHEN FUNDS ARE AVAILABLE. THE OBLIGA- 9 TION OF THE DISTRICT TO MAKE THE REPAYMENT OR REIMBURSEMENT MAY 10 BE EVIDENCED BY A CONTRACT OR NOTE. THE CONTRACT OR NOTE MAY 11 PLEDGE THE FULL FAITH AND CREDIT OF THE DRAINAGE DISTRICT AND MAY 12 BE MADE PAYABLE OUT OF THE ASSESSMENTS MADE AGAINST PUBLIC CORPO- 13 RATIONS OR OUT OF ANY OTHER AVAILABLE FUNDS, AND THE CONTRACT OR 14 NOTE SHALL NOT BE CONSIDERED TO BE AN OBLIGATION WITHIN THE MEAN- 15 ING OF THE MUNICIPAL FINANCE ACT, 1943 PA 202, MCL 131.1 TO 16 139.3. THE TOTAL AMOUNT OF PRINCIPAL OWED FOR OBLIGATIONS UNDER 17 THIS SECTION SHALL NOT EXCEED $600,000.00. 18 (3) THIS SECTION DOES NOT APPLY TO ADVANCES OR LOANS MADE BY 19 ANY PUBLIC CORPORATION, THE FEDERAL GOVERNMENT, OR ANY AGENCY OF 20 THE FEDERAL GOVERNMENT. 21 (4) A COUNTY BOARD OF COMMISSIONERS BY A MAJORITY VOTE OF 22 2/3 OF ITS MEMBERS MAY PLEDGE THE FULL FAITH AND CREDIT OF A 23 COUNTY FOR THE PAYMENT OF A NOTE OF THE DISTRICT. 24 SEC. 607. IF THE ORIGINAL ASSESSMENT IS INSUFFICIENT TO PAY 25 THE PRINCIPAL AND INTEREST ON BONDS AND NOTES ISSUED IN ANTICIPA- 26 TION OF THE COLLECTION, THEN THE COMMISSION SHALL MAKE SUCH 27 ADDITIONAL ASSESSMENTS, AS NECESSARY. THE ADDITIONAL ASSESSMENTS 00488'99 * 266 1 SHALL BE APPORTIONED TO THE SAME PUBLIC CORPORATIONS IN THE SAME 2 RELATIVE AMOUNTS AS THE ORIGINAL ASSESSMENTS. 3 CHAPTER 23 4 SANCTIONS 5 6 SEC. 615. IF A COMMISSIONER IS INTERESTED DIRECTLY OR INDI- 7 RECTLY IN THE PROFITS OF A CONTRACT, JOB, WORK, OR SERVICES, 8 OTHER THAN OFFICIAL SERVICES, TO BE PERFORMED FOR A DRAINAGE DIS- 9 TRICT, HE OR SHE IS GUILTY OF A MISDEMEANOR. UPON CONVICTION, 10 HIS OR HER OFFICE IS VACATED AND HE OR SHE IS INELIGIBLE TO AGAIN 11 HOLD THE OFFICE OF COMMISSIONER. 12 SEC. 616. IF ANY PERSON WILLFULLY OR MALICIOUSLY REMOVES 13 ANY SECTION OR GRADE STAKE SET ALONG THE LINE OF ANY DRAIN, OR 14 OBSTRUCTS OR DAMAGES A DRAIN, HE OR SHE IS GUILTY OF A MISDEMEAN- 15 OR, PUNISHABLE BY A FINE OF NOT MORE THAN $100.00 AND THE COSTS 16 OF PROSECUTION, OR IN DEFAULT OF THE PAYMENT OF THE FINE, BY 17 IMPRISONMENT FOR NOT MORE THAN 93 DAYS. 18 SEC. 617. (1) A PERSON IS GUILTY OF A MISDEMEANOR IF THE 19 PERSON WILLFULLY PROHIBITS, PREVENTS, OR OBSTRUCTS THE DRAIN COM- 20 MISSIONER OR DRAINAGE BOARD OR THEIR AGENTS, EMPLOYEES, OR CON- 21 TRACTORS FROM DOING EITHER OF THE FOLLOWING: 22 (A) GOING UPON LAND FOR THE PURPOSE OF EXAMINING THE LAND OR 23 MAKING SURVEYS IN CONNECTION WITH THE WORK OF THE DRAIN COMMIS- 24 SIONER OR DRAINAGE BOARD. 25 (B) GOING UPON A RIGHT-OF-WAY OF THE DISTRICT WITH THEIR 26 EMPLOYEES, TOOLS, MACHINERY, INSTRUMENTS, AND OTHER EQUIPMENT FOR 27 THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, REPAIRING, OR 00488'99 * 267 1 MAINTAINING THE WORK OF THE DRAIN COMMISSIONER OR DRAINAGE 2 BOARD. 3 (2) SUBSECTION (1) DOES NOT APPLY UNLESS THE DRAIN COMMIS- 4 SIONER HAS GIVEN NOTICE BY FIRST-CLASS MAIL TO THE OWNER OF THE 5 LAND WHOSE NAME APPEARS ON THE LAST CITY OR TOWNSHIP TAX ROLL 6 THAT THE DRAIN COMMISSIONER OR DRAINAGE BOARD OR THEIR AGENTS, 7 EMPLOYEES, OR CONTRACTORS WILL GO UPON THE LAND OR UPON THE 8 RIGHT-OF-WAY TO WHICH THE LAND IS SUBJECT. 9 (3) SUBSECTION (2) DOES NOT APPLY IF THE ADDRESS OF THE 10 OWNER OF THE LAND DOES NOT APPEAR ON THE TAX ROLL. 11 CHAPTER 24.12 REPEALS AND SAVING CLAUSES.13 CHAPTER 25 14 ALTERNATE PROCEDURES 15 Sec. 626.WhenIF 2 or more public corporations other 16 than the state or a county or counties are to be assessed, the 17 drainage board, or if appropriate in chapter 21 proceedings, the 18 drain commissioner, may determine that costs to be assessed to 19 the public corporations, in excess of those apportioned for 20 drainage tostate or county highwaysROADWAYS, shall not be 21 apportioned by the establishment of a fixed percentage of costs 22 to be borne by each public corporation, but that the costs shall 23 be assessed at large to all of the public corporations in the 24 aggregate and apportioned annually between the public corpora- 25 tions on the basis of the relative valuations, as equalized, of 26 each within the area served by the drain., if theTHE drainage 27 board or drain commissioner shalldetermine thatBASE THE 00488'99 * 268 1 DETERMINATION ON WHETHER this method of apportionment will more 2 fairly result in the costs of the drain being apportioned in 3 accordance with the benefits to be derived therefrom. Notice of 4 tentative apportionment in theforegoingmanner PROVIDED IN 5 THIS SECTION shall include a calculation of the apportionment of 6 costs between public corporations assessed in the aggregate based 7 on the latest available valuations. 8 Sec. 627. When employing this chapter, thechairman9 CHAIRPERSON of the drainage board in chapter 20 proceedings or 10 the secretary of the drainage board in chapter 21 proceedings 11 shall prepare a special assessment roll.whichTHE SPECIAL 12 ASSESSMENT ROLL shall contain the name of each public corporation 13 assessed, the total estimated or actual cost of the project, the 14 fixed percentage of the cost, if any, apportioned to public 15 corporations, and tothe state or countiesROADWAY AUTHORITIES 16 for drainage ofhighwaysROADWAYS, the aggregate amount 17 assessed at large against all other public corporations, and if 18 the assessment is divided into annual installments, the amount of 19 each installment, listed separately for the state and counties 20 and for public corporations assessed a fixed percentage if appli- 21 cable, and in the aggregate for all other public corporations. 22 After approval of the roll by the drainage board, thechairman23 CHAIRPERSON shall then send a certified copy of the roll to each 24 public corporation assessed. 25 Enacting section 1. Sections 4, 5, 11, and 22, chapter 4, 26 chapter 6, sections 193, 194, 195, 196, 197, 198, 246, 248, 268, 27 271, 272, 281, 321, and 325, chapters 14, 15, and 16, sections 00488'99 * 269 1 424, 426, 427, 428, 432, and 434, chapter 19, sections 461, 470, 2 471, 480, 482, 485, 489a, 492 to 498, 511, 522, 523, 526 to 531, 3 533 to 539, 542 to 549, 551 to 583, and 621 of the drain code of 4 1956, 1956 PA 40, MCL 280.4, 280.5, 280.11, 280.22, 280.71 to 5 280.88, 280.121 to 280.135, 280.193, 280.194, 280.195, 280.196, 6 280.197, 280.198, 280.246, 280.248, 280.268, 280.271, 280.272, 7 280.281, 280.321, 280.325, 280.341 to 280.384, 280.424, 280.426, 8 280.427, 280.428, 280.432, 280.434, 280.441 to 280.448, 280.461, 9 280.470, 280.471, 280.480, 280.482, 280.485, 280.489a, 280.492 to 10 280.498, 280.511, 280.522, 280.523, 280.526 to 280.531, 280.533 11 to 280.539, 280.542 to 280.549, 280.551 to 280.583, and 280.621, 12 are repealed. 00488'99 * Final page. TMV