CHAPTER V. assessment. SEC. 9. Whenever the amount assessed for the construc- Further tion 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, No review or assessed, levied and collected as provided in the first instance, and on the same percentage, and shall be collected in one year, but there shall be no review of nor appeal from such further assessment. appeal from. CHAPTER VI. how drawn. amount SEC. 8. All orders for the payment for services rendered Orders, and work performed shall be drawn by the county drain commissioner upon the drain fund of each particular drain. case of taxes assessed for benefits received which are to be How paid. paid in four annual installments or less, all orders for the payment for lands for right of way shall be paid on presentation out of the county treasury and for all other services rendered and expenses incurred, except contracts for construction, 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 payments of the contracts for the construction of such drain. For the balance due upon such contracts the county drain commissioner shall draw orders payable out of each succeeding year's assessment pro rata among the several contractors: Provided, That Proviso, no county drain 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 on the fifteenth day of March of the year in which the drain taxes for the payment thereof are required to be paid. All When to orders not paid when due, by reason of delinquency in the payment of such drain taxes, shall draw interest at the rate of six per centum per annum from the date of maturity, said interest to be computed by the county treasurer and to be paid with the principal out of the proper fund on which it ́ was drawn, and out of no other fund, and such treasurer shall report to the county drain commissioner the amount paid as interest on such orders: Provided, That when such order Proviso, shall be presented for payment and no funds are available owing to the delinquency in the payment of such drain taxes, the county treasurer shall so certify upon such order and such When payable. draw interest. funds not available. Bonds depos ited in treasury. Orders on, how paid. County drain commissioner may borrow money. Amount not to exceed. Bond issues, by whom signed. When payable. order shall then draw interest until funds are available for the payment of the same, but no order shall draw interest until so certified by the county treasurer. In all cases where bonds are issued and sold as herewith 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. SEC. 18. In cases where the county drain commissioner determines that the taxes assessed for benefits received shall be collected in more than three installments, said county drain commissioner may borrow money in anticipation of the collection of all installments after the first and may issue as evidence thereof the bonds of the drainage district as hereinbefore defined. Such obligations shall specify on their face that they are payable out of the installments of drain taxes to be thereafter collected, and the amount thereof shall not exceed the aggregate of the installments levied exclusive of the first installment. Bonds issued hereunder shall be signed by the county drain commissioner on behalf of the drainage district, shall be countersigned by the county clerk and shall be payable at such time or times, not exceeding ten years from the date thereof, as may be determined upon by the county drain commissioner or as may be required by the date of maturity of the installments levied, it being the intent hereof that the dates of maturity of obligations issued hereunder shall be as nearly identical as is practicable with the collection of the installments of drain taxes. The county drain commissioner shall prescribe the form of the bond and shall therein pledge the credit of the drainage district, including the lands embraced within such district and the townships assessed at large, in the proportion that said lands and said townships are taxed for the benefits received thereby. In no case shall such bonds be sold for less than par and accrued interest. If any premium is received thereon such Proceeds de- premium shall belong to the fund of the drain. The county drain commissioner may make payment or partial payment of the cost of the drain in such bonds, or may sell part or all thereof, depositing the proceeds in the county treasury to the credit of the drain fund, to be disbursed as herein provided. Form of bond, who to prescribe. Premium. posited to credit of drain fund. Installments to bear interest. SEC. 19. In cases where bonds are issued and sold by the county drain commissioner all installments of the drain taxes subsequent to the first installment shall bear interest at the rate of six per cent per annum from the date of the preparation of the assessment roll, as prescribed in section two of this chapter, until due. All of said subsequent installments and the interest thereon shall, as collected, be paid into the county treasury and there placed to the credit of the fund of deposited in to give bond. may pay in the drain to be used solely for the payment of bonds as the same shall mature. All moneys thus collected in anticipa- Moneys coltion of the maturity of the bonds shall be deposited by the lected to be county treasurer in a bank or banks to be designated by the bank. board of supervisors of such county and the interest received shall belong to the fund: Provided, however, That any bank Proviso, bank receiving county drain funds hereunder shall give bond to the county treasurer in an amount not less than the sum so deposited. SEC. 20. Any person liable to the payment of special Persons liable assessments for benefits received from the construction of a full drain hereunder may pay the same in full without interest when the first installment is due; or may thereafter at the time of maturity of any installment pay the aggregate of the remaining installments, with the interest thereon up to the time of payment and be relieved from the payment of further interest. Such payment shall 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 county drain commissioner who shall make the necessary changes in the rolls covering subsequent installments. SEC. 21. If there is not sufficient money in the fund in a May levy an particular drain at the time of the maturity of the bonds last to mature to pay the same with interest, it shall be the duty of the county drain commissioner to at once levy an additional assessment as hereinbefore provided in section nine of chapter five in such an amount as will make up the deficiency. Any surplus remaining after the payment of the bonds and interest shall remain in the county treasury and be used for the maintenance, cleaning out, et cetera, of the drain. Payment, treasurer. County treasurer to give notice. made to twp. additional assessment. Surplus to re main in coun ty treasury. CHAPTER VII. drain. SEC. 4. When such special commissioners shall have been view line of notified of their appointment in the manner as provided in chapter three, they shall meet and act jointly at the time and place fixed by the probate courts and meet with the county drain commissioners of the respective counties in which such proposed drain is applied for, and view the whole line of such drain, or such portion thereof as shall be deemed sufficient, and shall under the same oath and condition perform their services in the same manner and with like effect as hereinbefore provided in this act for other special commissioners. Before any contract for the construction of any part of such Apportion drain shall be let, the county drain commissioners shall agree and determine upon the just per cent of the whole cost of construction which each county shall bear, which determination shall be in writing and signed by them, and a copy thereof cost of construction. Determine number of installments. Proviso, appeal. Duty of State Highway Commissioner. Expenses, how assessed. Each commissioner to assess within his own jurisdiction. Assessments to be furnished to twp. clerks. How computed, spread, collected and returned. Right of appeal. When drain commissioner may borrow money and issue bonds thereon. made for each county drain commissioner whose county is affected by said drain, and shall also agree and determine the number of installments in which the drain taxes shall be collected: Provided, That if said county drain commissioners cannot agree and determine the just per cent of the cost of construction that each county shall bear, or the number of installments, then either or all of said county drain commisSioners may appeal to the State Highway Commissioner who shall act in the premises, and he shall have the power to determine said per cent for them, and his decision of the just per cent shall be final; and the county drain commissioners aforesaid shall make copies of said determination, as above provided. It shall be the duty of the State Highway Commissioner to immediately begin the performance of all such duties as are prescribed by this act as soon as the same are required of him, and he shall complete all such duties within thirty days, or within such reasonable time thereafter as may be necessary. All expenses actually and necessarily incurred by said State Highway Commissioner shall be assessed against the drain in connection with which the services are performed, and shall be paid in the same manner as other expenses are paid. The duties herein prescribed for the State Highway Commissioner may be required of him not only in connection with drains to be commenced, but also in connection with any drain heretofore commenced, and in connection with which his services may be necessary or required. SEC. 5. Each county drain commissioner shall thereupon assess within his own jurisdiction such amount as may have been determined upon, and shall assess against the townships such per cent thereof as may be justly charged against them severally by reason of benefits to the public health, convenience or welfare, or as a means of improving any highway, and the balance he shall apportion against the lands in proportion as they will be benefited thereby. Each county drain commissioner shall furnish such several assessments to the several clerks of the townships within his own county, in which the lands affected thereby may be situated, and such assessments shall be computed, divided, spread, collected and returned in the same manner, in every respect, as provided in the case of other drains constructed under this act. Such assessments shall be subject to the same right of appeal and under the same conditions as herein before provided. The taxes for such drains, when collected by the township treasurer, shall be paid over to the county treasurer of their respective counties to be disbursed by him on the joint order of the county drain commissioners. In cases where it is determined by the county drain commissioners or by the State Highway Commissioner that the assessments shall be collected in more than three installments the county drain commissioners, acting jointly on behalf of the drainage district, may borrow money and may issue bonds therefor as hereinbefore signed and payable. provided in the case of drains lying wholly within one county. This act is ordered to take immediate effect. how [No. 17.] AN ACT to add section two to act number one hundred thirty-seven of the Public Acts of nineteen hundred seventeen, entitled "An act to provide for the direction and supervision of the instruction and training of the inmates in all institutions in this State where juvenile delinquents are confined or detained by order of any court, parent or guardian, and to authorize the Superintendent of Public Instruction to direct and supervise the instruction and training of the inmates in said institutions." The People of the State of Michigan enact: added. SECTION 1. That act number one hundred thirty-seven of Section the Public Acts of nineteen hundred seventeen, entitled "An act to provide for the direction and supervision of the instruction and training of the inmates in all institutions in this State where juvenile delinquents are confined or detained by order of any court, parent or guardian, and to authorize the Superintendent of Public Instruction to direct and supervise the instruction and training of the inmates in said institutions," is amended by adding section two, to read as follows: SEC. 2. No person shall be permitted to teach in any pub- Approval of lic institution of this State, as provided in this act, whose educational qualifications shall not have been approved by the Superintendent of Public Instruction. Approved March 18, 1919. teachers' qualifications. |