Michigan Laws 280.126 – Construction of drain; receipt of bids and letting of contracts; abandonment of petition; order; notice
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 280.126
- Contract: A legal written agreement that becomes binding when signed.
- 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 sewer or conduit composed of tile, brick, concrete, or other material, any structures or mechanical devices, that will properly purify the flow of such drains, any pumping equipment necessary to assist or relieve the flow of such drains and any levee, dike, barrier, or a combination of any or all of same constructed, or proposed to be constructed, for the purpose of drainage or for the purification of the flow of such drains, but shall not include any dam and flowage rights used in connection therewith which is used for the generation of power by a public utility subject to regulation by the public service commission. See Michigan Laws 280.3
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
At the time and place fixed in said notice, or at an adjourned date, the drainage board shall receive bids and let contracts for the construction of the drain in the manner prescribed in chapter 9, being section 221 to 223. If no contract shall be let within 5 years after the date of filing the petition to locate, establish and construct the drain, the drainage board may determine that the petition shall be deemed abandoned and no further action shall be taken to construct the drain. Provided, That time during which any litigation shall be pending to contest the validity of such proceedings shall not be counted as a part of such 5-year period. If the drainage board determines the petition shall be abandoned, it shall issue its order to that effect; provided, that such determination of abandonment shall not be issued within the 5 year period. Notice of the order shall be given by publishing a notice in a newspaper of general circulation in each county affected. The provisions of this section shall apply to all petitions which are in full force and effect on the date of January 1, 1973, or thereafter.