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1 chapters · 299 sections in this title.
Mich. Comp. Laws § 280.441 Consolidating and organizing 2 or more drainage districts in same county as single drainage district; signing and filing petition for consolidation; land included; appointment, qualifications, and compensation of members of board of determination; determination of necessity; notice of meeting; affidavit of mailing; failure to receive notice; expense of notice; election of chairperson or secretary; determination; orders.
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Sec. 441. (1) Two or more drainage districts located in the same county and in the same drainage basin or in adjoining basins, may consolidate and organize as a single drainage district upon the filing of a petition for consolidation with the drain commissioner of the county sett…
Mich. Comp. Laws § 280.441a Consolidating and organizing 2 or more drainage districts as single drainage district within more than 1 county; signing and filing petition; land included; composition of drainage board; notice of meeting; affidavit of mailing; failure to receive notice; expense of notice; chairperson; determination by drainage board; orders.
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Sec. 441a. (1) Two or more drainage districts may be consolidated and organized as a single drainage district under this section where the proposed consolidated district lies within more than 1 county, by filing a petition in writing with the commissioner of a county having juris…
Mich. Comp. Laws § 280.442 Drainage districts; consolidation; surveys.
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Sec. 442. In any proceeding for the consolidation of 2 or more drainage districts, existing surveys shall be used unless the drain commissioner, in the case of a county drain, or the drainage board, in the case of an intercounty drain, shall make a determination that the existing…
Mich. Comp. Laws § 280.443 Drainage districts; consolidation; existing drain, recognition and credit, exemption from special assessment.
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Sec. 443. When in any consolidated district it shall be necessary to construct a new drain on or near the line or any part of the line of an existing, operating drain so as to make the old existing drain in whole or in part unnecessary, recognition and credit shall be given for s…
Mich. Comp. Laws § 280.444 Drainage districts; consolidation; indebtedness, retirement; special assessment.
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Sec. 444. In case any drainage district which is included and merged in the consolidated district has any outstanding bonded or other indebtedness, any funds in the treasury of such debtor district shall be used to retire such indebtedness. If said funds are insufficient, the ind…
Mich. Comp. Laws § 280.445 Drainage districts; consolidation; bonds and contracts, assumption by consolidated district.
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Sec. 445. The merging of any drainage district into a consolidated district shall not affect the obligation of any bonds issued or contracts entered into by such district nor invalidate the levy, extension or collection of any taxes or special assessments upon property in the deb…
Mich. Comp. Laws § 280.446 Drainage districts; consolidation; abandonment or vacation of included drain; proration of moneys.
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Sec. 446. Any drain which has been included and merged in a consolidated drain and whose outstanding indebtedness has been fully paid may be abandoned and vacated in the manner provided for the abandonment or vacation of drains. In case any such drain has in its fund any money, a…
Mich. Comp. Laws § 280.447 Drainage districts; consolidation; rights and powers, validation of bonds.
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Sec. 447. After any drainage districts have consolidated as provided for in this chapter, the consolidated district shall, except as otherwise provided in this chapter, have all the rights and powers and be subject to all laws applicable to county or intercounty drainage district…
Mich. Comp. Laws § 280.448 Drainage districts; consolidation; consent of county auditors or comptroller.
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Sec. 448. In any proceeding to consolidate drainage districts pursuant to the provisions of this chapter, no special assessment district shall be established and no bonded or other indebtedness shall be incurred and no construction or other contracts shall be let in counties havi…
Mich. Comp. Laws § 280.461 Definitions.
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Sec. 461. Whenever used in this chapter, except when otherwise indicated by the context: (a) "State" means this state. (b) "Public corporation" includes this state, counties, cities, villages, townships, metropolitan districts and authorities created by or pursuant to state statu…
Mich. Comp. Laws § 280.462 County drains; public health, assessment against public corporations.
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Sec. 462. County drains which are necessary for the public health may be located, established and constructed under the provisions of this chapter where the cost thereof is to be assessed wholly against public corporations.
Mich. Comp. Laws § 280.463 Petition to locate, establish, and construct county drain; determination; filing and contents of petition; notice; certified copy of resolution; authorizing execution; order of determination.
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Sec. 463. (1) Before filing a petition under this section, the legislative body of a public corporation shall first determine whether the drain project contemplated may necessitate the levy of a special assessment, fee, or charge under section 490. If the legislative body determi…
Mich. Comp. Laws § 280.464 Drainage board; creation; members; disqualification; compensation, mileage, and expenses; county drain commissioner as chairperson; minutes, records, and files; requirements for substantive actions and determinations.
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Sec. 464. (1) A drainage board is created for each project petitioned for under this chapter. Except as otherwise provided in subsection (2), the drainage board shall consist of the drain commissioner of the county, the chairperson of the county board of commissioners, and the ch…
Mich. Comp. Laws § 280.465 Meeting of drainage board; notice; affidavit of mailing; quorum; adjournment; action by board; signing of orders.
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Sec. 465. A meeting of the drainage board may be called by the chairperson or 2 members of the board, on notice sent by registered mail to each member, setting forth the time, date, and place of the meeting. The notice shall be mailed not less than 5 days before the time of the m…
Mich. Comp. Laws § 280.466 Drainage board; first meeting, notice.
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Sec. 466. Upon receipt of a petition as hereinbefore provided, the county drain commissioner shall call the first meeting of the drainage board. In the event there be no board of county auditors or finance committee in the county, then notice to the chairman of the board of super…
Mich. Comp. Laws § 280.467 Drainage board; tentative determinations; naming drain and drainage district; composition of district; objections; notice of hearing; final order of determination; eliminating or adding public corporation.
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Sec. 467. The drainage board, at its first meeting, shall consider the petition for the project and make a tentative determination as to the sufficiency of the petition and the practicability of the proposed drain, and shall further make a tentative determination of the public co…
Mich. Comp. Laws § 280.468 Plans, specifications, and estimate of cost; approval, adoption, and filing; route of drain; apportionment of costs; designation of area to be served; assumption of additional cost; altering and supplementing proceedings.
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Sec. 468. The drainage board shall secure from a competent engineer, plans, specifications, a route and course, and an estimate of cost of the proposed drain, which when approved and adopted by the board shall be filed with the chairperson of the board. In approving the plans and…
Mich. Comp. Laws § 280.469 Objections to apportionments; notice of hearing; confirmation or readjustment of apportionments; notice of rehearing; final order of apportionment.
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Sec. 469. After the tentative apportionments of cost have been made, the drainage board shall set a time, date, and place it will meet and hear objections to the apportionments. Notice of the hearing shall be published twice in the county by inserting the notice in at least 1 new…
Mich. Comp. Laws § 280.470 Drainage board; lands and rights of way, condemnation; procedure, federal government participation; costs.
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Sec. 470. The drainage board shall then proceed to secure the necessary lands or rights of way for the proposed drain. If the same cannot be secured by negotiation, then the drainage board may proceed under the provisions of Act No. 149 of the Public Acts of 1911, as amended, bei…
Mich. Comp. Laws § 280.471 Drainage board; contracts with federal government or corporations; bids.
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Sec. 471. The drainage board may contract with the federal government, which term as used in this section shall include any agency thereof, whereby the federal government will pay the whole or any part of the cost of the project or will perform the whole or any part of the work c…
Mich. Comp. Laws § 280.472 Funds; county treasurer, deputies; bonds; expenditures.
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Sec. 472. The county treasurer shall be the custodian of the funds of the drainage district. He may designate 1 or more of his deputies who may act for him in the performance of any of his duties under this section. The drainage board may require the county treasurer and any depu…
Mich. Comp. Laws § 280.473 Special assessment roll; preparation; estimated or actual costs; annual installments; interest; advance payment; altering and supplementing proceedings.
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Sec. 473. After the confirmation of the apportionments by the drainage board, the chairman of the board shall prepare a special assessment roll assessing the estimated cost of the drain, or if the actual cost has been ascertained, then the actual cost, against the several public …
Mich. Comp. Laws § 280.474 Special assessment roll; contents; approval; statement; certification to assessed public corporation; installments and interest; advances from county funds; notice; deduction; reimbursement; assessments against state; sufficiency of taxes; spreading levy on county tax roll; corrected or supplemental roll; altering and supplementing proceedings.
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Sec. 474. The special assessment roll shall contain the name of each public corporation assessed, the total estimated cost of the project, or actual cost if the same has been ascertained at the time of the preparation of the roll, the percentage apportioned to each public corpora…
Mich. Comp. Laws § 280.475 Statutory or charter tax limitations inapplicable; rate or amount of taxes.
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Sec. 475. Taxes levied by a public corporation for the payment of assessments hereunder shall not be deemed to be within any statutory or charter tax limitation. A public corporation may impose taxes without limitation as to rate or amount for the payment of the assessments in an…
Mich. Comp. Laws § 280.476 Bonds; issuance; maturity; mandatory redemption; signatures; collection of assessments.
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Sec. 476. The drainage board may issue 1 or more series of bonds for and on behalf of the drainage district, in anticipation of the collection of any or all installments of assessments or any part thereof, and pledge the full faith and credit of the drainage district for the prom…
Mich. Comp. Laws § 280.477 Additional assessment; apportionment.
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Sec. 477. If, for any reason, the original assessments shall not be sufficient to pay the principal and interest on bonds issued in anticipation of the collection thereof, then the drainage board shall make such additional assessments therefor as may be necessary, apportioned as …
Mich. Comp. Laws § 280.478 Drainage board; continuation; responsibility; expenses; relinquishment; moneys, disposition, consent.
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Sec. 478. (1) The drainage board for each project shall continue in existence with changes in personnel that result from changes in the officers constituting the board membership. The drainage board is responsible for the operation and maintenance of the drain. (2) Any necessary …
Mich. Comp. Laws § 280.479 Advancements by corporations; reimbursement.
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Sec. 479. Any public or private corporation, firm, or individual may advance money for the payment of any part of the cost of a project under this act, in which event it shall be reimbursed by the drainage district, with or without interest as may be agreed, when funds are availa…
Mich. Comp. Laws § 280.480 Costs; items.
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Sec. 480. The cost of any drain project shall include (1) the cost of constructing or acquiring the facilities, structures, devices and equipment required to locate, establish and construct the drain or to improve or supplement the same, including bridges and culverts and any lan…
Mich. Comp. Laws § 280.481 Assessments against townships and villages.
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Sec. 481. Unless otherwise provided by the drainage board, assessments against a township shall be against the township as a whole, including any incorporated village, but the drainage board may determine to assess separately or exclude a village, in which case the assessment aga…
Mich. Comp. Laws § 280.482 Improvements or additions to drains for public health.
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Sec. 482. Any 1 or more county drains or any portion thereof, now or hereafter existing, may be cleaned out, relocated, widened, deepened, straightened, extended, tiled, interconnected or otherwise improved, or branches added or connected thereto, when necessary for the public he…
Mich. Comp. Laws § 280.483 Certiorari; time; legal establishment of drain.
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Sec. 483. Neither the final order of determination nor the final order of apportionment shall be subject to attack in any court, except by proceedings in certiorari brought within 20 days after the filing of such order in the office of the chairman of the board issuing the same. …
Mich. Comp. Laws § 280.484 Procedures; incorporation of other chapters in drainage board orders.
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Sec. 484. In operating under the terms of this chapter, the several boards and officials shall not be limited by the provisions contained in other chapters of this act and the procedures required under the terms of such other chapter shall not be deemed to be applicable: Provided…
Mich. Comp. Laws § 280.485 Relief drains.
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Sec. 485. When 2 or more public corporations, constituting as a whole contiguous territory, are served by 1 or more county drains, and it shall become necessary for the public health to supplement such existing drain or drains by constructing 1 or more relief drains, which may co…
Mich. Comp. Laws § 280.486 Drains to which chapter applicable; sufficiency of petition.
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Sec. 486. This chapter shall be applicable (1) to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township; (2) to any county drain located in more than 1 city, village or township but which serves or will serve only an…
Mich. Comp. Laws § 280.487 Drainage board; absence of members, deputies, vice-chairman.
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Sec. 487. Any drain commissioner may act under this chapter or under chapter 21, being sections 511 to 537, inclusive, of this act, by his deputy, under any and all circumstances. The vice-chairman or chairman pro tem of a county board of supervisors, or the vice-chairman of a bo…
Mich. Comp. Laws § 280.488 Additional grant of power; prior projects.
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Sec. 488. The provisions of this chapter shall be construed as an additional grant of power to that prescribed by other statutory provisions. Projects completed prior to November 21, 1951, shall not be financed under this chapter.
Mich. Comp. Laws § 280.489 New cities; service of notice on township clerks or de facto city officer.
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Sec. 489. Whenever a new city has been or shall be incorporated but such incorporation shall not have been completed by the adoption of a city charter, then any notice required by this chapter to be served upon the city clerk shall be served upon the clerk or clerks of the townsh…
Mich. Comp. Laws § 280.489a Land especially benefited by drain project; duties of legislative body; affidavit as conclusive proof of notice; meeting; powers of legislative body; reimbursement for pro rata share of costs.
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Sec. 489a. (1) If the legislative body of a public corporation, which is subject to assessment under this chapter pursuant to apportionments made under this chapter, determines that a part of the land in the public corporation will be especially benefited by a proposed drain proj…
Mich. Comp. Laws § 280.490 Land especially benefited by drain project; special assessment; resolution; preparation of special assessment roll; conduct of proceedings; objections; hearing in lieu of meeting; use of special assessment collections; reduction of annual levy; charges.
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Sec. 490. (1) Subject to the requirements of section 489a, if the legislative body of a public corporation, which has been assessed under this chapter, determines that a part of the lands in the public corporation will be especially benefited by the drain project to the extent of…
Mich. Comp. Laws § 280.491 River, creek or watercourse; petition for inclusion within jurisdiction.
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Sec. 491. A petition meeting the requirements of this chapter as to petitioners, execution and filing may request, for reasons of public health, that jurisdiction be assumed over all or a specified part of the bed, tributaries, banks and flood plains of a river, creek or watercou…
Mich. Comp. Laws § 280.492 Petition; content, deposit to pay cost; drainage board hearing and notice.
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Sec. 492. The petitioners named in a petition filed pursuant to section 491, shall include therein an agreement to pay the amount of, or shall accompany the petition with a deposit in the amount of, the estimated cost of the planning and engineering required to describe in record…
Mich. Comp. Laws § 280.493 Final order of determination; contents, recording, effect.
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Sec. 493. After the hearing, the drainage board shall determine whether or not it will assume jurisdiction and perform the work proposed, if any, and shall issue its order accordingly, which order shall be known as the "final order of determination". The final order of determinat…
Mich. Comp. Laws § 280.494 Final order of determination; recording effect on private rights.
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Sec. 494. The recording of the description does not appropriate, terminate or lessen any private rights in property, real or personal, except such as shall be voluntarily released by written agreement or conveyance or as shall be condemned as provided in this chapter, or pursuant…
Mich. Comp. Laws § 280.495 Assessment of cost; hearing; powers.
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Sec. 495. Before any work, other than preparation of the description and the approval, adoption and recording of the same, is done or rights in or ownership of property is acquired by the drainage board, pursuant to a petition filed under section 491, the drainage board shall mak…
Mich. Comp. Laws § 280.496 Drainage board funds; investment of surplus, interest.
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Sec. 496. The drainage board may direct the treasurer of any drainage district to invest any surplus funds belonging to and under the control of the drainage board, in bonds and other direct obligations of the United States or in certificates of deposit or depository receipts of …
Mich. Comp. Laws § 280.497 Use or transfer of surplus construction funds; contract with public corporation; provisions of contract; return of surplus construction funds to state transportation department; application of MCL 280.499; definition.
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Sec. 497. (1) The 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 of the funds to the bon…
Mich. Comp. Laws § 280.498 Pollution in county drain; abatement; petition.
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Sec. 498. Whenever the water resources commission or successor agency has determined that pollution exists in a county drain which services any city, village or township or any combination thereof and has issued an order of determination or permit to such public corporation for a…
Mich. Comp. Laws § 280.499 Providing amount from surplus construction funds to inspect, repair, and maintain drain; apportioning balance of surplus construction funds to credit of public corporations; use of funds.
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Sec. 499. (1) After the construction of a county drain for which none of the financing is obtained through special assessments under section 490, the drainage board shall provide for an amount from surplus construction funds sufficient to inspect, repair, and maintain the drain a…
Mich. Comp. Laws § 280.5 Drainage district; body corporate; powers.
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Sec. 5. A drainage district is a body corporate with power to contract; to sue and to be sued; to acquire interests in real or personal property by gift, purchase, lease, grant, trade, or any other lawful method, including condemnation pursuant to the uniform condemnation procedu…