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1 chapters · 299 sections in this title.
Mich. Comp. Laws § 280.21 County drain commissioner; election; term; temporary replacement; vacancy; bond; abolishment of office in certain counties; transfer of power and duties; effect of establishing department of public works or public improvement agency; election of public works commissioner; public hearing; abolishing office of public works commissioner; referring to office as drain commissioner; county governed by MCL 280.21a; change of name to office of water resources commissioner; criteria.
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Sec. 21. (1) At the general election to be held in November, 1976, and each fourth year after November, 1976, a county drain commissioner shall be elected in each county having a drain commissioner by the qualified electors of the county. The term of office of a commissioner shal…
Mich. Comp. Laws § 280.21a Powers and duties of drain commissioner performed by designated persons in certain counties.
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Sec. 21a. In a county organized under a charter adopted under Act No. 293 of the Public Acts of 1966, being sections 45.501 to 45.521 of the Michigan Compiled Laws, whose charter prescribes an elected county executive, and which county has a population of more than 2,000,000 at t…
Mich. Comp. Laws § 280.22 Drain commissioner; establishment of office.
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Sec. 22. All commissioners holding such office when this act takes effect shall continue to be such commissioners until their respective successors are elected and qualified in accordance with the provisions of the foregoing section. The majority of the board of county commission…
Mich. Comp. Laws § 280.221 Construction of drain; advertisement and receipt of bids; sealed bids; contracts; bonds; abandonment of petition; order; notice; affidavit; board of county road commissioners authorized to bid.
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Sec. 221. (1) The drain commissioner or drainage board shall advertise for sealed bids for projects petitioned for under section 71, 121, 191, or 192. The drain commissioner or drainage board shall receive sealed bids. All sealed bids received by the drain commissioner or drainag…
Mich. Comp. Laws § 280.222 Letting contracts; rejection of bids; adjournment.
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Sec. 222. The commissioner shall first let the section at the outlet of the drain and shall let each remaining section in its order up stream: Provided, That the commissioner may let the drain in sections or as a whole, whichever appears to him the most practical: Provided furthe…
Mich. Comp. Laws § 280.223 Deposit with bid; purpose; retention of deposit; damages for nonexecuted contract; return of deposit; disposition of forfeited money; security; conditions and limitations of personal surety; failure to complete contract; bond or indemnity insurance; contracts to which section applicable; additional kinds of security.
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Sec. 223. (1) A deposit in the form of a certified check or its equivalent in the amount that the commissioner considers reasonable may be required with each bid, whether on opening bidding or sealed proposals, as evidence of good faith and to reimburse the district in the event …
Mich. Comp. Laws § 280.23 Drain commissioner; jurisdiction; drains in more than one county; outlet only in another county.
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Sec. 23. The commissioner shall have jurisdiction over all drains within his county, including those heretofore established and now in process of construction. Drains extending into more than 1 county, or affecting lands in more than 1 county, shall be established and constructed…
Mich. Comp. Laws § 280.24 Deputy commissioners; appointment; revocation; bond; powers and duties.
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Sec. 24. A commissioner may appoint a deputy or deputies, if the county board of commissioners approves, and may revoke the appointment at pleasure. The appointment shall be made in writing and filed with the clerk of the county. If the commissioner is unable to execute the dutie…
Mich. Comp. Laws § 280.241 Inspection of drain; order of approval, payments on contract.
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Sec. 241. No warrant or drain order for the payment of any part of such drain contract shall be drawn until the work has been inspected and approved as herein provided. The commissioner may inspect and approve any tile or open drain, or he may designate any competent surveyor or …
Mich. Comp. Laws § 280.242 Extension of time on contract; forfeiture; reletting unfinished portion; recovery of excess cost.
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Sec. 242. The commissioner shall have power to grant a reasonable extension of time for the completion of any contract. When any contract shall not be finished within the time specified, or to which it may be extended, the commissioner shall declare such contract forfeited and sh…
Mich. Comp. Laws § 280.243 Deficiency; assessment, collection, review, appeal; embezzlement; payment from county general fund, conditions.
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Sec. 243. Whenever the amount assessed for the construction of any drain shall not be sufficient to complete the same, and to pay all the costs and incidental expenses or to pay the principal and interest on bonds if such are issued, a further assessment shall be made to meet the…
Mich. Comp. Laws § 280.244 Drain orders; drawing and payment, restrictions; payment from county general fund, reimbursement.
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Sec. 244. All orders for the payment for services rendered and work performed shall be drawn by the commissioner upon the drain fund of each particular drain. In case of taxes assessed for benefits received which are to be paid in 7 annual installments or less, all orders for the…
Mich. Comp. Laws § 280.245 Drain orders; contents, recording; payment; insufficient funds, interest; drain order redemption fund; payment of drainage taxes; reports to commissioner by county treasurer.
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Sec. 245. All drain orders made by the commissioner shall state the services rendered in brief form, shall be numbered and recorded and signed by the commissioner. Such order, when due, shall be presented to the county clerk and he shall immediately ascertain from the county trea…
Mich. Comp. Laws § 280.246 Advertising rates; fees of judge of probate and other officers.
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Sec. 246. Newspaper publishers shall receive legal rates for advertising. The judge of probate shall receive 10 cents per folio for making exemplified copies of any proceedings had in the probate court and $2.00 for the appointment of special commissioners, including certified co…
Mich. Comp. Laws § 280.247 Attorney; employment; expenses and costs, payment from drain fund; prosecuting attorney; "attendant expenses and costs" defined .
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Sec. 247. (1) The county drain commissioner or drainage board acting under this act may employ an attorney if the drain commissioner or drainage board, as appropriate, considers it necessary. If an attorney is employed, all attendant expenses and costs shall be charged to the dra…
Mich. Comp. Laws § 280.248 Expenses of state director of agriculture or deputy; payment.
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Sec. 248. The state director of agriculture, or any deputy designated by him, shall be paid all his necessary traveling and subsistence expenses actually and necessarily incurred in the discharge of any duties required by this act.
Mich. Comp. Laws § 280.25 Deputy drain commissioner; liability of commissioner and bondsmen; liability of drainage district; public liability or other insurance.
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Sec. 25. The commissioner and his bondsmen shall be liable for all the acts and defaults of the deputy or deputies when appointed as herein provided. After entry of the order designating drainage districts as provided in section 54 and section 105 of this act, the drainage distri…
Mich. Comp. Laws § 280.26 Deputy drain commissioner; salary, expenses, reports to drain commissioner.
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Sec. 26. Each deputy commissioner shall receive such salary or compensation as the board of supervisors shall allow and all traveling expenses actually and necessarily spent by him in the discharge of his duties as prescribed in this act; he shall make a report to the commissione…
Mich. Comp. Laws § 280.261 Computation of cost; items included; contingent expenses.
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Sec. 261. Within 10 days after the letting of contracts, or in case of an appeal, then forthwith after such appeal shall have been decided, the commissioner shall make a computation of the entire cost of such drain, which shall include (1) all the expense of laying out and design…
Mich. Comp. Laws § 280.262 Special assessment roll and tax assessment roll; contents; installment payments.
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Sec. 262. (1) The commissioner shall thereupon make a special assessment roll for the drain for each county, township, city, or village and each state trunk line highway affected thereby, which roll shall be designated, giving name or number, "drain special assessment roll". The …
Mich. Comp. Laws § 280.263 Spread of drain taxes on rolls; time.
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Sec. 263. It shall be the duty of the supervisor, village or city assessor, to spread on his roll the total amount of all drain taxes determined upon by the county drain commissioner to be assessed upon the county, township, city or village at large by adding to the county, towns…
Mich. Comp. Laws § 280.264 Statement of assessments upon township at large furnished township treasurer.
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Sec. 264. The supervisor shall, at the time of the delivery of his assessment roll to the township treasurer, also furnish him with an itemized statement of the several amounts assessed upon the township at large for each particular drain, naming the drain.
Mich. Comp. Laws § 280.265 Drain taxes; general tax law applicable, payment under protest, action, lien, personal claim.
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Sec. 265. All drain taxes assessed under the provisions of this act shall be subject to the same interest and charges, and shall be collected in the same manner as state and other general taxes are collected, and collecting officers are hereby vested with the same power and autho…
Mich. Comp. Laws § 280.266 Return of delinquent drain taxes; general tax law applicable.
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Sec. 266. If the taxes levied for the construction, cleaning out, widening, deepening, straightening or extending of any drain are not collected by the township, city or village treasurer, they shall by him be returned, together with the lands upon which they were levied, to the …
Mich. Comp. Laws § 280.267 Injunction after assessment.
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Sec. 267. After any taxes have been assessed for the construction, location or establishment of any drain, no injunction shall issue to restrain the spreading of the same upon the tax roll nor to restrain the collection thereof, nor shall the same be in any manner stayed, unless …
Mich. Comp. Laws § 280.268 Perpetual injunction not allowed for informalities; plaintiff may show injury.
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Sec. 268. The collection of no tax levied or ordered to be levied for the payment of the location or construction of any drain laid out under this act shall be perpetually enjoined or declared absolutely void in consequence of any error or informality of any officer in the locati…
Mich. Comp. Laws § 280.269 Invalidation proceedings; proofs, correction of damages or assessment, order, costs.
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Sec. 269. The court in which such proceedings are begun shall allow proof that the drain was necessary and conducive to the public health, convenience or welfare, and that all the steps required by law have been substantially complied with, notwithstanding the record required to …
Mich. Comp. Laws § 280.27 Supplies; blank applications, office, location, hours.
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Sec. 27. County clerks, or the board of auditors in counties having such boards, shall be authorized, and it shall be their duty to procure, at the expense of their respective counties, the necessary books, blanks and stationery for the use of said commissioners; and each commiss…
Mich. Comp. Laws § 280.270 Tax lien; proceeding to compel spread of tax; established drains.
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Sec. 270. Whenever any drain has been located and established, and contracts let for its construction, and the work of construction has been completed, or partly completed, and the commissioner has made his order establishing the drain, his apportionment of benefits and special a…
Mich. Comp. Laws § 280.271 Tax collection suits; tax reassessment.
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Sec. 271. Any drain taxes that may have been assessed and returned upon any lands under any drain law enacted before this act and remaining unpaid, may be sued for by the commissioner of the county in which the delinquent lands are situated in any court of competent jurisdiction …
Mich. Comp. Laws § 280.272 Tax collection suits; assumpsit; prima facie evidence, judgment based on benefits; authority to sue.
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Sec. 272. In any suit brought for the collection of any unpaid drain taxes by virtue of section 271, the commissioner bringing such suit may declare in an action of assumpsit against the defendant; proof of the amount of the tax, and that it is unpaid, either oral or by the produ…
Mich. Comp. Laws § 280.273 New proceedings when tax set aside; report of defects to supervisors, reassessment.
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Sec. 273. In case any drain tax heretofore or to be hereafter assessed shall be set aside, except for causes that would deprive the commissioner of jurisdiction to construct the drain, the commissioner may begin proceedings anew at the stage where they shall be correct. In case a…
Mich. Comp. Laws § 280.274 Invalidation proceedings; commissioner as party.
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Sec. 274. In any suit brought to set aside any drain tax, or in any way attacking the legality of any drain proceedings, the commissioner shall be made a party to said suit.
Mich. Comp. Laws § 280.275 Drainage district bonds; issuance; terms; sale subject to revised municipal finance act; premium; limitation on payment from county general fund.
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Sec. 275. If bonds are issued, as provided in this act, the commissioner may borrow money in anticipation of the collection of the installments and may issue as evidence thereof the bonds of the drainage district. The obligations shall specify on their face that they are payable …
Mich. Comp. Laws § 280.276 County drainage district bonds or notes; intracounty drains; faith and credit; advancement by county, reassessment.
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Sec. 276. If bonds or notes are to be issued in respect to an intracounty drain, the county board of commissioners may, by resolution adopted by a majority of its total membership, pledge the full faith and credit of the county for the prompt payment of the principal of and inter…
Mich. Comp. Laws § 280.277 Drainage district bonds; delinquent assessments, advance by cities, villages, or townships; reimbursement; reassessment; validation of drain orders or bonds.
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Sec. 277. Whenever lands in any city, village, or township or combination thereof are assessed for all or any part of the cost of a drain, the governing body of each of the cities, villages, or townships by resolution adopted prior to the issuance of drain orders or bonds, or bot…
Mich. Comp. Laws § 280.278 Interest on installments of drain taxes; payment of interest; disposition and use of installments and interest; bank deposits; interest on bonds or notes.
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Sec. 278. If bonds or notes are issued and sold by the commissioner, installments of the drain taxes shall bear interest at a rate that is not greater than 1% per annum more than the average rate of interest on the bonds or notes from the date of the preparation of the assessment…
Mich. Comp. Laws § 280.279 Special assessments; payment in full; notice to commissioner; deficiency assessment.
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Sec. 279. Any person liable to the payment of special assessments for benefits received from the construction of a drain hereunder may pay the same in full with interest to date at any time, subject to the right of reassessment in case of deficiency as herein provided. The forego…
Mich. Comp. Laws § 280.28 County drain commissioner; salary and expenses; itemized and verified expense account.
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Sec. 28. (1) Each commissioner shall receive an annual salary to be paid as other county officers are paid, the amount of the salary to be fixed by the county board of commissioners before November 1 of each year in the same manner as the salaries of other county officers are fix…
Mich. Comp. Laws § 280.280 Additional assessments; levy; surplus; exemption of certain lands from deficiency assessments; purpose.
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Sec. 280. (1) If there is not sufficient money in the fund in a particular drain at the time of the maturity of the bonds last to mature, or any drain orders, to pay all outstanding bonds or drain orders with interest, or to reimburse the county for money which it has been oblige…
Mich. Comp. Laws § 280.281 Special drain assessment; definition of municipal corporation.
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Sec. 281. Any municipal corporation may contract to pay all or any part of a special drain assessment for drain improvements made by any county agency or drainage district benefiting property of the municipal corporation, but in no event shall such payment exceed its proportionat…
Mich. Comp. Laws § 280.282 Investment of surplus funds; consolidation of drainage district funds; disposition and use of interest; revolving maintenance fund; consolidation with other funds for investment purposes; disposition of interest earned; accounting for principal balances; expenditures.
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Sec. 282. (1) The drain commissioner or drainage board may direct the treasurer of any drainage district to invest any surplus funds belonging to and under the control of the drain commissioner or drainage board as provided in section 1 of Act No. 20 of the Public Acts of 1943, b…
Mich. Comp. Laws § 280.283 Use or transfer of surplus construction funds; contract with public corporation; provisions of contract; return of surplus construction funds to state transportation department; definitions.
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Sec. 283. (1) The drain commissioner or drainage board shall use any surplus construction funds remaining in the construction fund after completion of the project for the inspection, repair, and maintenance of the drain as provided in section 196 or shall authorize the transfer o…
Mich. Comp. Laws § 280.29 Surveys; use of books, equipment, field notes, profiles, blueprints, specifications, estimates, engineers.
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Sec. 29. The county shall furnish the commissioner with all necessary books and papers for use in the survey, and such office equipment as shall be necessary in making profiles, blueprints and specifications in any drainage district. The surveyor or engineer shall file with the c…
Mich. Comp. Laws § 280.3 Drain; definition.
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Sec. 3. The word "drain", whenever used in this act, shall include the main stream or trunk and all tributaries or branches of any creek or river, any watercourse or ditch, either open or closed, any covered drain, any sanitary or any combined sanitary and storm sewer or storm se…
Mich. Comp. Laws § 280.30 Drainage district; financial statement, records, prerequisites to tax spread.
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Sec. 30. It shall be the duty of each commissioner to make and keep a full financial statement of each drainage district. The commissioner shall also make and keep in his office in a book to be provided for that purpose a complete record of each drainage district, which record sh…
Mich. Comp. Laws § 280.301 Revolving drain fund; creation, use.
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Sec. 301. At the October session of the board of supervisors, each board shall appropriate and collect by general taxation from the taxable property within their respective counties for the purpose of creating a revolving drain fund, such sum as said board may deem necessary. Sai…
Mich. Comp. Laws § 280.302 Revolving drain fund; use; intercounty drains; expenses after date of letting drain contracts.
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Sec. 302. The revolving fund may be used for paying the engineer or surveyor for his services in laying out a drainage district, also any necessary assistance therefor and to pay any and all other services to the date of letting the drain contract for paying members of boards of …
Mich. Comp. Laws § 280.303 Revolving drain fund; accounting records; reimbursement.
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Sec. 303. The county treasurers shall carry as a separate account upon the books of their office a revolving fund and all accounts and items pertaining thereto. A record shall be kept of the amount of money paid from the revolving fund for the use and benefit of any particular dr…
Mich. Comp. Laws § 280.304 Revolving drain fund; deposit in bank; interest.
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Sec. 304. The said revolving fund shall be deposited in the bank of the county offering the highest rate of interest on daily balances, final determination to be made by the board of supervisors of the particular county, the interest so received to be paid into and become a part …