Bill Text: MI HB6151 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Drains; other; public notice of drain projects; revise for meeting to review apportionments. Amends sec. 154 of 1956 PA 40 (MCL 280.154).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-12-11 - Referred To Committee On Local Government [HB6151 Detail]
Download: Michigan-2017-HB6151-Engrossed.html
HB-6151, As Passed House, December 6, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 6151
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending section 154 (MCL 280.154), as amended by 2010 PA 339.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 154. (1) Except for maintenance or repair of a drain
under section 196, the commissioner shall advertise for the receipt
of bids at a specified time, date, and location. If the drain
commissioner directly or indirectly maintains an official internet
presence, the advertisement for the receipt of bids shall be posted
on a portion of the website that is fully accessible to the public
at least 10 days before and maintained through the date set for the
receipt of bids. If the drain commissioner does not maintain an
official internet presence, the advertisement shall be so posted
and maintained on the county website.
(2) The commissioner shall give notice, as described in
subsection
(3) for the receiving of bids for the construction of
the
drain and for the holding this
section, of a public meeting to
review
the apportionment of benefits. The Except for a project
under
section 196, the meeting shall be not
less than 5 nor more
than
30 45 days after the date set for receiving bids.
(3) (2)
The notice under subsection (1) shall
be given by
publication
of at least 2 insertions in a newspaper published and
of
general circulation in the county
. The first publication shall
be at least 10 days before the date set for
receiving bids.of the
review of the apportionment.
(4) (3)
The drain commissioner shall also
send the notice
under
subsection (1) (2) by first-class mail at least 10 days
before
the date of the meeting to review of the apportionment of
benefits , to each person whose name appears upon on the
last city
or township tax assessment roll as owning land within the special
assessment
district, at the address shown on the roll. If an
address
does not appear on the roll, then notice Notice need not be
mailed
to the a person
whose address does not appear on the roll.
The drain commissioner shall make an affidavit of the mailing and
shall
recite in the affidavit that the persons to whom the notice
was
mailed constitute to all of the persons whose names and
addresses
appear upon on the tax rolls as owning land within the
particular
special assessment district. The
affidavit is conclusive
proof that notice was mailed to each person to whom notice is
required to be mailed. If notice has been sent by first-class mail
as
provided in this section, subsection,
the failure to receive
notice by mail does not constitute a jurisdictional defect
invalidating
a drain proceeding or tax. assessment.
If the board of
determination determines that the drain is necessary for the
protection of the public health and that the whole cost of the
drain, except that part which may be apportioned for benefits to
highways, shall be apportioned to municipalities, then mailing of
individual notices to persons owning land within the special
assessment district as provided in this subsection is not required.
(5) (4)
The At least 10 days before
the date of the review of
the apportionment, the drain commissioner shall serve the notice
under
subsection (1) shall be (2)
personally served or by certified
mail on the county clerk and on 1 or more members of the road
commission
of a county, or road district, the supervisor of a
township,
the mayor clerk of a city, and the president clerk of
a
village to be assessed at large.
(6) (5)
The notice under subsection (1) (2) shall
contain all
of the following:
(a)
The date, time, and place of receiving bids.
(a) (b)
The date, time, and place of the
meeting to review the
apportionment of benefits.
(b) (c)
A Subject to subsection (8),
a statement that, at the
meeting to review the apportionment of benefits, the drain
commissioner will have available to review the tentative
apportionments against parcels and municipalities within the
drainage district.
(c) For notice mailed to a person under subsection (4), the
estimated percentage and dollar amount apportioned to that person's
land, the estimated annual total of all project assessments, and
the estimated project assessment duration.
(d) A statement that drain assessments against land will be
collected in the same manner as property taxes.
(e) A statement that if drain assessments against land are
collected by installment, the land owner may pay the assessments in
full with any interest to date at any time and thereby avoid
further interest charges.
(f) The name of each county, township, city, or village to be
assessed at large.
(g) The name and number of the drain.
(h) The address of a website, as provided for in subsection
(7), and a statement that the following additional information can
be found at that address:
(i) (g)
A description of the land
constituting the special
assessment district for the drain. The description may be stated by
designating the boundaries of the special assessment district by
streets, highways, parcels, or tracts of land or by describing the
tracts
or parcels of land constituting the district. A tract or
parcel
need not be subdivided beyond the point where the whole of
the
tract or parcel is within the drainage district.If a parcel or
tract is partially located within the district, for the purposes of
the notice description only, the drain commissioner may consider
the entire parcel or tract to be located in the district.
(h)
The name or number of the drain.
(ii) (i)
The number and length of sections,
the average depth
and width of each section, and if the drain will be a closed drain,
the amount and specifications of all tile or pipe required.
(iii) (j)
The location, number, type, and
size of all culverts
and bridges.
(iv) (k)
The conditions upon which the
contract will be
awarded.
(6)
The notice under subsection (1) need not contain minutes
of
survey or a table of cuttings. These shall be kept on file in
the
office of the drain commissioner.
(7) If the drain commissioner directly or indirectly maintains
an official internet presence, the information described in
subsection (6)(a), (b), and (d) to (h) shall be posted on a portion
of the website that is fully accessible to the public and
maintained through the date of the meeting to review the
apportionment of benefits. If the drain commissioner does not
maintain an official internet presence, the information shall be so
posted and maintained on the county website.
(8) Notwithstanding the information provided in the notice
under subsection (5)(c), the drain commissioner may make subsequent
adjustments that the commissioner or drainage board considers
necessary to the estimated apportionment percentage, estimated
annual project assessment, or estimated project assessment duration
without further notice or an additional meeting to review the
apportionment of benefits.
(9) (7)
Bids Except for a project
under section 196, bids
shall be received and the total cost of the drain shall be computed
before
the time set for review of the apportionment. The
computation shall be open to inspection. If the computation is not
completed
before the day of review
of the apportionment, the drain
commissioner
shall adjourn the review may be
adjourned from time to
time, not more than 20 days in all, for the completion of the
computation,
or shall call a new hearing may be called with similar
notice,
by publication and service at least 10 days before the
hearing.
meeting to review the
apportionment of benefits and give
notice as provided in subsections (3) to (6). If the contracts on
which the computation was based are not executed and new contracts
are let at a higher price, the computation shall be corrected and a
new
review held with a similar notice as provided in subsections
(3)
to (6).
(10)
At the date, time, and place fixed specified in the
notice, or at another date, time, and place to which the county
drain
commissioner may adjourn the hearing, meeting, the
apportionment of benefits and the lands constituting the special
assessment district shall be subject to review for at least 1 day.
The review shall be held open from 9 a.m. until 5 p.m. At the
review, the county clerk or the county road commission may appear
on
behalf of the county, or a road district; the supervisor of a
township
may appear on behalf of a township,
; the mayor or an
officer
of the city designated by the mayor may appear for on
behalf
of a city, ; and the
president may appear on behalf of a
village.
At the review the county drain commissioner shall hear do
all of the following:
(a)
Hear the proofs and allegations. ,
shall carefully
(b) Carefully reconsider and review the description of land
comprised
within the special assessment
district , the several
descriptions
and the apportionment of benefits. ,
and shall define
(c) Define and equalize the land as is just and equitable.
(11) (8)
If an apportionment of benefits is
made against a
state trunk line highway, unless the director of the state
transportation department consents in writing to the apportionment,
the
drain commissioner , at least 20 days before the review on the
highway,
shall notify by registered certified mail the director of
the state transportation department of the percentage apportioned
against
the highway and the date, time, and place fixed for a
review of apportionment of benefits by the drain commissioner under
subsection (2). The notice shall be mailed at least 20 days before
the review of the apportionment. If the director of the state
transportation department instead desires to have the apportionment
of benefits reviewed by the director of the department of
agriculture and rural development, the director of the state
transportation department, within 10 days from the receipt of the
notice, shall file with the drain commissioner an objection to the
apportionment. The drain commissioner shall notify the director of
the department of agriculture and rural development of the date,
time, and place fixed for the review of apportionments, and at the
meeting the director of the department of agriculture and rural
development, or a deputy of the director, shall review the
apportionment made against the state trunk line highway and listen
to the proofs and allegations of the parties, and may view the
highway
benefited. The action and written
decision on the
apportionment
under this subsection , when reduced to writing, is
final.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.