reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-10. - Chapter 10. Inspection and Approval of Construction and Payment for the Drain. (280.241...280.248) › Section 280.243 - Deficiency; Assessment, Collection, Review, Appeal; Embezzlement; Payment From County General Fund, Conditions.

280.243 Deficiency; assessment, collection, review, appeal; embezzlement; payment from county general fund, conditions.
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 deficit or additional expense. Such further assessment shall be apportioned, assessed, levied and collected as provided in the first instance, and on the same percentage, and shall be collected in 1 year, but there shall be no review of nor appeal from such further assessment: Provided, That whenever by reason of the embezzlement or other wrongful act of any county official or by reason of the conspiracy of any county official with any other person or persons to defraud any drainage district, township or county, there shall be any deficiency as aforesaid, the board of supervisors of any county traversed by the drain may provide for the payment, out of the general fund of the county, of all or any part of such additional assessment as may be apportioned to that part of the drainage district within such county, or for the refunding to taxpayers of any such assessment which may have been paid.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-10. - Chapter 10. Inspection and Approval of Construction and Payment for the Drain. (280.241...280.248) › Section 280.244 - Drain Orders; Drawing and Payment, Restrictions; Payment From County General Fund, Reimbursement.

280.244 Drain orders; drawing and payment, restrictions; payment from county general fund, reimbursement.
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 payment for lands for right of way shall be paid out of the first year's taxes, and the balance of such first year's taxes, if any, shall be applied pro rata among the several contractors in the payment of the contracts for the construction of such drain. For the balance due upon such contracts the commissioner shall draw orders payable out of each succeeding year's assessment pro rata among the several contractors: Provided, That no commissioner shall draw orders payable in any one year for a larger amount than said year's assessment, except in cases where bonds are issued and sold as provided by law. All drain orders shall be drawn payable not sooner than the fifteenth day of April nor later than the first day of August of the year in which the drain taxes for the payment thereof are required to be paid. If the drain fund is insufficient for such purpose because of delinquency in the payment of drain taxes after the lands on which the said taxes shall have become delinquent have been offered for sale, in any such case where payment is made by the county treasurer out of the general fund and all delinquent drain taxes received by said treasurer thereafter shall be credited to the general fund until the same is reimbursed. In all cases where bonds are issued and sold as herein provided and the proceeds thereof are deposited in the county treasury to the credit of the fund of the particular drain, orders presented on such fund shall be paid out of the proceeds aforesaid, or out of the first annual installment of the taxes. In no case where there are outstanding bonds shall an order be paid out of any installment of taxes collected other than the first.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-10. - Chapter 10. Inspection and Approval of Construction and Payment for the Drain. (280.241...280.248) › Section 280.246 - Advertising Rates; Fees of Judge of Probate and Other Officers.

280.246 Advertising rates; fees of judge of probate and other officers.
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 copy of the order of the appointment. Special commissioners may be appointed to determine the necessity of drains and the necessity of taking property for the use of such improvement and appraise damages therefor. Members of boards of review, boards of determination, surveyors and attorneys employed, shall present their account for services rendered and expenses under oath to the board of county auditors in a county having a board of auditors or to the judge of probate in other counties, and it shall be the duty of said board or judge to audit and allow the said accounts and direct the same to be paid from the revolving drain fund of the county: Provided, That in case the board of determination or special commissioners determine said proposed drain is not necessary, payment for all such service shall be made from the general fund of the county.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-10. - Chapter 10. Inspection and Approval of Construction and Payment for the Drain. (280.241...280.248) › Section 280.247 - Attorney; Employment; Expenses and Costs, Payment From Drain Fund; Prosecuting Attorney; "Attendant Expenses and Costs" Defined .

280.247 Attorney; employment; expenses and costs, payment from drain fund; prosecuting attorney; "attendant expenses and costs" defined .
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 drainage districts on behalf of which the attorney is employed. All attendant expenses and costs shall be paid out of the drain fund of the drainage district or the revolving drain fund. If the attendant expenses and costs are paid out of the revolving drain fund or if the drain fund of the drainage district does not have sufficient funds to pay the attendant expenses and costs, the attendant expenses and costs shall be assessed to the drainage district in the same proportion as costs of the drain were assessed as provided in chapter 7 and the collections of these assessments shall be used either to reimburse the revolving drain fund or to pay the attendant expenses and costs, as appropriate.
(2) The county board of commissioners for a county, by resolution, may provide for the prosecuting attorney to give legal assistance to the county drain commissioner as part of the prosecuting attorney's duties.
(3) As used in this section, "attendant expenses and costs" means those expenses and costs incurred for a drainage district in furtherance of the duties and responsibilities of a drain commissioner or drainage board, including, but not limited to, 1 or more of the following:
(a) Actual attorney fees.
(b) Expert witness and consultant fees.
(c) Money and costs expended in connection with litigation or the threat of litigation.
(d) Payments made in satisfaction or partial satisfaction of any orders or judgments entered against a drainage district.
(e) Money and costs expended to obtain a release, waiver, or other settlement of claims.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2018, Act 646, Eff. Mar. 28, 2019
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-10. - Chapter 10. Inspection and Approval of Construction and Payment for the Drain. (280.241...280.248) › Section 280.248 - Expenses of State Director of Agriculture or Deputy; Payment.

280.248 Expenses of state director of agriculture or deputy; payment.
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.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.261 - Computation of Cost; Items Included; Contingent Expenses.

280.261 Computation of cost; items included; contingent expenses.
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 designating the drainage district, which item of expense shall include the entire cost of the survey; (2) the expense of locating, establishing and constructing the drain; (3) the fees and expenses of special commissioners; (4) the compensation to be paid the board of review; (5) the cost of construction of bridges and culverts; (6) the contracts for the construction of the drain, or other work to be done on said drain; (7) the estimated cost of an appeal in case the apportionment made by the commissioner shall not be sustained; (8) the estimated cost of inspection; (9) the cost of publishing all notices required; (10) all fees of the probate judge; (11) attorney fees for legal services in connection with the drain; and (12) interest on bonds for the first year, if bonds are to be issued, and he shall add the whole into a gross sum and add thereto not less than 10% nor more than 15%, at the discretion of the drain commissioner, of said gross sum to cover contingent expenses, and the entire sum so ascertained shall be deemed to be the cost of construction of such drain.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.263 - Spread of Drain Taxes on Rolls; Time.

280.263 Spread of drain taxes on rolls; time.
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, township, city or village tax for the year in which the same was assessed and extending said tax in the same column with the general county, township, city or village tax: Provided, That in such villages or cities of this state, where the municipal taxes therefor are assessed and collected prior to the October meeting of the board of supervisors, all taxes ordered to be spread against such municipalities shall be spread during the calendar year following such action by the board of supervisors: Provided further, That in lieu of the addition of such tax to the county, township, city or village tax, the legislative body thereof may in any year provide for the payment thereof from the general or contingent fund of such county, township, city or village. Such supervisor or assessor shall also spread upon said roll, separately, and immediately following the other descriptions, all tracts or parcels of land specified by the commissioner to be assessed for benefits, and shall place opposite each description, in a column marked, "(giving the name or number) ...................... drain taxes," the amount of taxes apportioned thereon, as certified to him by the county clerk.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.264 - Statement of Assessments Upon Township at Large Furnished Township Treasurer.

280.264 Statement of assessments upon township at large furnished township treasurer.
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.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.265 - Drain Taxes; General Tax Law Applicable, Payment Under Protest, Action, Lien, Personal Claim.

280.265 Drain taxes; general tax law applicable, payment under protest, action, lien, personal claim.
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 authority in the collection of such taxes as are or may be conferred by law for collecting general taxes. Drain taxes, when collected, shall be returned to the county treasurer to be disbursed by him. In all cases where suit is brought against the collector arising out of the collection of any drain tax, the county shall defend such officer in the same manner that he has now the right to be defended in the collection of general taxes. No suit shall be instituted to recover any drain tax or money paid or property sold therefor, or for damages on account thereof, unless brought within 30 days from the time of payment of such money to, or sale of such property by, the collecting officer; and if such tax shall be paid under protest the reasons therefor shall be specified, and the same procedure observed as is or may be required by the general tax law. All taxes levied under the provisions of this act, with all lawful costs, interest and charges, shall be and remain a perpetual lien upon the lands upon which they are assessed, and a personal claim against the owner or owners of such lands until they are paid.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.266 - Return of Delinquent Drain Taxes; General Tax Law Applicable.

280.266 Return of delinquent drain taxes; general tax law applicable.
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 county treasurer in the same return, at the same time, and in the same manner, in every respect (naming in each case the particular drain), as lands are returned for state, county and township taxes, and such taxes shall follow such lands, the same as all such other taxes, and all the general provisions of law now existing, or that may be hereafter enacted for enforcing the payment of township, county and state taxes, shall apply to such drain taxes, and to the lands returned delinquent therefor, in the same manner and with like effect.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.267 - Injunction After Assessment.

280.267 Injunction after assessment.
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 the amount of such assessment shall first be paid into the township treasury to be applied upon such tax, in case the court in which the suit upon which injunction is tried shall so order.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.268 - Perpetual Injunction Not Allowed for Informalities; Plaintiff May Show Injury.

280.268 Perpetual injunction not allowed for informalities; plaintiff may show injury.
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 location and establishment thereof, nor by reason of any error or informality appearing in the record of the proceedings by which any such drain shall have been located and established, nor on account of any irregularity or informality in the condemnation of right of way, nor for want of any record thereof; but the court in which any action may be brought to recover any tax or assessment paid, or to declare void the proceedings to locate and establish any drain, or to enjoin any tax or assessment levied or ordered to be levied for the payment of the labor and expense thereof, shall, if there be manifest error in the proceedings, allow the plaintiff in action to show that he has been injured thereby.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.269 - Invalidation Proceedings; Proofs, Correction of Damages or Assessment, Order, Costs.

280.269 Invalidation proceedings; proofs, correction of damages or assessment, order, costs.
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 be kept by the commissioner. In case substantial error is found, the court may correct any gross injustice in the award of damages, or assessment of benefits as may appear after hearing the proofs and allegations of both sides and shall make such order in the premises as shall be just and equitable, and may order that such tax or assessment remain on the tax roll for collection, or order the same to be relevied, or may perpetually enjoin the same, or any part thereof, or if the same has been paid under protest, may order the whole, or such part thereof as is just and equitable, to be refunded. In all cases where assessments shall be set aside after contracts have been let or bonds sold, the decree shall make full provision for payment of work done and materials furnished under said contracts before the commencement of suit, and for payment of such bonds and interest thereon, by reassessment according to benefits, or otherwise as equity may require. The cost of such proceedings, if error or injustice be shown, shall be apportioned among the parties, or if no manifest error or injustice be shown, such costs shall be collected of the party bringing the action.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.270 - Tax Lien; Proceeding to Compel Spread of Tax; Established Drains.

280.270 Tax lien; proceeding to compel spread of tax; established drains.
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 assessment roll and filed the same in the office of the county drain commissioner, as provided by this act, and such taxes remain a perpetual lien upon the lands assessed, and filed all of said papers in the office of the county drain commissioner, and no person or municipality affected by the proceedings has taken any action by virtue of section 161 of this act to test the validity of the proceedings, or to set the same aside, and it shall further appear that the tax has not been spread on the tax roll of the municipalities affected and the lien of said tax still remains against such lands, on the application in writing of any person or corporation who is now or were owners of the land assessed at the time of the apportionment of benefits by the commissioner or any person or corporation who were the owners of land at said time and who were assessed therefor, and who sold such land with covenants of warranty, may make an application in writing to the county drain commissioner setting forth such facts, and upon the filing of such application it shall be the duty of the county drain commissioner to make a certified copy of the assessment roll filed in his office by the commissioner and present to and lay it before the board of supervisors at the first October session thereafter of said board, and thereupon it shall be the duty of said board at said session to order and direct such taxes spread upon the tax roll of the municipalities affected thereby, according to the said assessment filed as aforesaid, and as appears by such special assessment roll, so certified to said board. The provisions of this section shall also apply to drains laid out and established and wholly or partly constructed under the provisions of all drain laws in force prior to the passage of this act, where such laws have made such drain tax a perpetual lien upon the lands upon which they are assessed.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.271 - Tax Collection Suits; Tax Reassessment.

280.271 Tax collection suits; tax reassessment.
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 and collected from the owner of the lands or the taxes, if properly returned to the county treasurer, may be ordered charged back by the county board of commissioners and reassessed upon the lands in the same manner that unpaid or rejected taxes may be charged back by the state treasurer and reassessed under the general provisions of law.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2002, Act 353, Imd. Eff. May 23, 2002
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.272 - Tax Collection Suits; Assumpsit; Prima Facie Evidence, Judgment Based on Benefits; Authority to Sue.

280.272 Tax collection suits; assumpsit; prima facie evidence, judgment based on benefits; authority to sue.
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 production of the tax roll, shall be prima facie evidence of the plaintiff's right to recover; but the defendant may plead the general issue and give evidence in reduction of damages, and the plaintiff may offer evidence in rebuttal, and if it shall appear from such evidence that the actual benefits to the land by reason of the construction of the drain were less than the amount of the tax, judgment shall be only for the amount of the benefits as proven, with interest and costs: Provided, That no such proceedings shall be instituted by the commissioner at the expense of the county unless he shall be authorized to do so by the board of supervisors.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.273 - New Proceedings When Tax Set Aside; Report of Defects to Supervisors, Reassessment.

280.273 New proceedings when tax set aside; report of defects to supervisors, reassessment.
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 drain tax can or may be set aside for error in description or other defect in the commissioner's or township treasurer's roll, the commissioner shall report the same to the board of supervisors at their October session, who shall order the same reassessed upon the proper description. Such report may be made at any time before the sale of the land for such tax.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.274 - Invalidation Proceedings; Commissioner as Party.

280.274 Invalidation proceedings; commissioner as party.
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.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.276 - County Drainage District Bonds or Notes; Intracounty Drains; Faith and Credit; Advancement by County, Reassessment.

280.276 County drainage district bonds or notes; intracounty drains; faith and credit; advancement by county, reassessment.
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 interest on any bonds or notes hereafter issued pursuant to this act. This shall not validate any bonds or notes heretofore issued. In the event the county shall be required to advance any money by reason of such pledge, and if the collections from special assessments shall not be sufficient to reimburse the county therefor, the drain commissioner of such county shall, within a 2-year period from the date of advancement, reassess the drainage district as in the first instance in order to provide for the repayment to the county of the sums so advanced. The provisions of this section shall not permit the advancement or any moneys out of the general funds of any county to meet any deficiency in the collection of drain assessments confirmed prior to May 1, 1953.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1957, Act 37, Imd. Eff. May 14, 1957 ;-- Am. 1959, Act 10, Imd. Eff. May 20, 1959 ;-- Am. 1970, Act 112, Imd. Eff. July 23, 1970
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.277 - Drainage District Bonds; Delinquent Assessments, Advance by Cities, Villages, or Townships; Reimbursement; Reassessment; Validation of Drain Orders or Bonds.

280.277 Drainage district bonds; delinquent assessments, advance by cities, villages, or townships; reimbursement; reassessment; validation of drain orders or bonds.
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 both, in anticipation of the payment of the assessments for the drain may agree that in the event of any delinquency in the collection of the assessments against lands in the cities, villages, or townships, the cities, villages, or townships shall advance the amount of the delinquency from unobligated funds in the general fund to the extent necessary to pay principal and interest on the drain orders or bonds, or both, as the same mature or are subject to mandatory redemption. In the event that money is so advanced, the cities, villages, or townships shall be reimbursed from the collection of the delinquent assessments against lands within its boundaries. If the collections from special assessments are not sufficient to reimburse the cities, villages, or townships, the drain commissioner of the county shall, within a 5-year period from the date of advancement, reassess the drainage district in order to provide for the repayment of the sums so advanced. However, this act does not validate any drain orders or bonds issued prior to March 28, 1956.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2016, Act 27, Imd. Eff. Mar. 1, 2016
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 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.

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.
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 roll until due. The bonds or notes may provide, if the commissioner so determines, for the payment of interest semiannually. The installments and the interest shall, as collected, be paid into the county treasury and placed to the credit of the fund of the drain, to be used solely for the payment of bonds or notes as they mature or are subject to mandatory redemption. Money collected in anticipation of the payment of the bonds or notes shall be deposited by the county treasurer in a bank or banks to be designated by the board of commissioners of the county and the interest received shall belong to the fund. Bonds or notes issued and sold by the commissioner shall bear interest at not to exceed the rate specified in the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1962, Act 191, Eff. Mar. 28, 1963 ;-- Am. 1965, Act 249, Imd. Eff. July 21, 1965 ;-- Am. 1978, Act 231, Imd. Eff. June 14, 1978 ;-- Am. 2002, Act 406, Imd. Eff. June 3, 2002 ;-- Am. 2016, Act 27, Imd. Eff. Mar. 1, 2016
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.279 - Special Assessments; Payment in Full; Notice to Commissioner; Deficiency Assessment.

280.279 Special assessments; payment in full; notice to commissioner; deficiency assessment.
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 foregoing right of prepayment shall extend to the state or any political subdivision thereof, assessed at large for a portion of the cost of a drain. Such payment may be made to the township treasurer, who shall give his receipt therefor and who shall transmit the same to the county treasurer. The latter official shall, on receipt of the same, give notice to the commissioner, who shall make the necessary changes in the rolls covering subsequent installments.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 280.281 - Special Drain Assessment; Definition of Municipal Corporation.

280.281 Special drain assessment; definition of municipal corporation.
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 proportionate share of the expenses of the improvements. For the purposes of this section, "municipal corporation" means any county, township, charter township, city, village, metropolitan district, public authority or a drainage district.
History:
Add. 1961, Act 41, Imd. Eff. May 18, 1961
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 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.

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.
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, being section 129.91 of the Michigan Compiled Laws.
(2) If 2 or more drainage district funds which are under control of the drain commissioner or drainage board have balances of less than $1,000.00, those drainage district funds may be consolidated into 1 account for short term investment as directed by the drain commissioner. A drainage district fund shall not be consolidated if there is an immediate and apparent need for expending that fund on the specific drain to which the fund belongs.
(3) The interest earned by a fund consolidated under subsection (2) may be deposited in a segregated revolving maintenance fund which the drain commissioner or drainage board may use for temporarily financing necessary maintenance expenses on an intracounty or intercounty drain within that drain commissioner's or drainage board's jurisdiction. The revolving maintenance fund shall be a fund separate from the revolving drain fund provided for in chapter 12. The revolving maintenance fund shall be accounted for, administered, and reimbursed in the same manner as the revolving drain fund under section 303.
(4) If a drainage district fund has a balance of $1,000.00 or more, the drain commissioner or drainage board may direct that that fund be consolidated with other funds for investment purposes. The interest earned, whether from a consolidated or separate account, shall immediately be deposited in the drainage district fund to which the principal belongs.
(5) The principal balances of each drainage district fund shall be accounted for at all times and may only be spent by order of the drain commissioner or drainage board on expenses necessary for the operation and maintenance of the drain to which the fund belongs.
History:
Add. 1970, Act 144, Imd. Eff. Aug. 1, 1970 ;-- Am. 1984, Act 80, Imd. Eff. Apr. 18, 1984
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-11. - Chapter 11. Levy and Collection of Drain Taxes. (280.261...280.283) › Section 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.

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.
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 of the funds to the bond and interest account, if bonds were issued, in the amounts the drain commissioner or drainage board considers proper.
(2) The drainage board or drain commissioner shall contract with a public corporation if that public corporation has been assessed for all or part of the cost of the drain or if land in a city, village, township, or combination thereof has been assessed for all or any part of the cost of a drain. The contract shall provide that after all outstanding drain orders or bonds are paid on a drainage district project, the drain commissioner or drainage board shall authorize the respective county treasurers to pay over any portion of the surplus not needed for more than the cost of inspection, repair, and maintenance of the drain as provided in section 196 to the county, township, city, or village in which the drain was located or in which assessments for benefits have been assessed and collected. The payments shall be on a pro rata basis in direct proportion to the amounts assessed and collected from each county, city, village, or township. The contract shall also provide that upon receipt of the surplus funds the county, city, village, or township shall utilize those surplus funds to alleviate drainage problems in their respective jurisdictions.
(3) If state highway funds are involved in a project, the drain commissioner or drainage board, upon completion of a construction project, shall return, on a pro rata basis, surplus construction funds in excess of the amount necessary to pay for inspection, repair, and maintenance of the drain as provided in section 196 to the state transportation department for the construction, maintenance, and administration of state highways.
(4) As used in this section, "public corporation" includes a city, village, township, or county, or the state.
History:
Add. 1970, Act 144, Imd. Eff. Aug. 1, 1970 ;-- Am. 1989, Act 149, Imd. Eff. July 14, 1989
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-12. - Chapter 12. Revolving Funds for Drains. (280.301...280.307) › Section 280.301 - Revolving Drain Fund; Creation, Use.

280.301 Revolving drain fund; creation, use.
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. Said revolving fund when so created shall be used and disposed of solely as provided in this chapter.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1969, Act 90, Imd. Eff. July 24, 1969
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-12. - Chapter 12. Revolving Funds for Drains. (280.301...280.307) › Section 280.302 - Revolving Drain Fund; Use; Intercounty Drains; Expenses After Date of Letting Drain Contracts.

280.302 Revolving drain fund; use; intercounty drains; expenses after date of letting drain contracts.
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 determination for services performed under this act, for necessary repairs on old drains, and also for paying drain orders that are due not in excess of $2,000.00 if authorized by the board of supervisors. Orders drawn by the commissioner on the revolving fund may be made payable upon the performance of services herein defined. From said revolving fund may be paid the services herein mentioned on any drain or drainage district affecting more than 1 county. Such total expense is prorated among the several counties affected according to the amount apportioned to be paid by and in said counties respectively for said drain. Any and all orders for services rendered or expenses incurred after the date of letting the drain contract shall be paid in the manner prescribed in chapter 10, being sections 241 to 248.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1963, Act 215, Imd. Eff. May 17, 1963 ;-- Am. 1963, Act 228, Eff. Sept. 6, 1963 ;-- Am. 1967, Act 214, Imd. Eff. July 10, 1967
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-12. - Chapter 12. Revolving Funds for Drains. (280.301...280.307) › Section 280.303 - Revolving Drain Fund; Accounting Records; Reimbursement.

280.303 Revolving drain fund; accounting records; reimbursement.
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 drainage district and upon payment to the county treasurer of the taxes assessed in the particular drainage district, the county treasurer, out of the moneys received, shall transfer to the revolving fund pro rata according to the number of installments of taxes the sum expended.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1969, Act 66, Imd. Eff. July 21, 1969
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-12. - Chapter 12. Revolving Funds for Drains. (280.301...280.307) › Section 280.304 - Revolving Drain Fund; Deposit in Bank; Interest.

280.304 Revolving drain fund; deposit in bank; interest.
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 of said fund.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-12. - Chapter 12. Revolving Funds for Drains. (280.301...280.307) › Section 280.305 - Revolving Drain Fund; Transfer to Particular Drain Fund of Moneys Under Former Law, Use.

280.305 Revolving drain fund; transfer to particular drain fund of moneys under former law, use.
Sec. 305.
When the moneys for the revolving fund shall have been appropriated, the county treasurer shall immediately transfer back to each particular drain fund any unexpended moneys due in such fund then on hand and carried in any revolving fund by virtue of any pre-existing law, said moneys when so transferred to be used solely for the use and benefit of the particular drain for which they were raised.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-12. - Chapter 12. Revolving Funds for Drains. (280.301...280.307) › Section 280.306 - Revolving Fund; Expenditures or Obligation Before Completion of Improvement; Report to County Board of Commissioners; Apportionment.

280.306 Revolving fund; expenditures or obligation before completion of improvement; report to county board of commissioners; apportionment.
Sec. 306.
If revolving fund money has been expended or a drainage district is obligated to pay expenses for engineering, legal, or administrative services or to pay principal and interest on notes, by action of the drain commissioner, and if an improvement has not been completed after the drain commissioner's order designating a county drainage district, the entry of the first order of determination under section 72, or the filing of a petition, if a petition has been filed, whichever is later, the drain commissioner may report this fact to the county board of commissioners. If an improvement has not been completed within 5 years after the date of the drain commissioner's order designating a drainage district, the entry of the first order of determination under section 72, or the filing of a petition, if a petition has been filed and ordered abandoned, whichever is later, the drain commissioner shall report that fact to the county board of commissioners. If the sum involved is too small to justify spreading the sum over the drainage district, the county board of commissioners may order that the sum be spread against the property of the original petitioners as the commissioners consider just and equitable. Otherwise, the county board of commissioners may order that the sum be spread over the district and the drain commissioner shall apportion the sum to the parties that would have been benefited in the district as provided in chapter 7 for the purpose of permitting a review of the assessment roll as to fairness of the apportionment only.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1969, Act 105, Eff. Mar. 20, 1970 ;-- Am. 2016, Act 115, Imd. Eff. May 10, 2016
Popular Name:
Act 40