Drains; districts; formation of chapter 20 drainage districts;

revise.

DRAINS: Districts

A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending sections 463, 467, and 468 (MCL 280.463, 280.467, and

280.468).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 463. (1) Before filing a petition under this section,

2 the legislative body of a public corporation shall first deter-

3 mine whether the drain project contemplated may necessitate the

4 levy of a special assessment, fee, or charge under section 490.

5 If the legislative body determines that a special assessment,

6 fee, or charge may be made under section 490, before filing a

7 petition under this section, the legislative body shall proceed

8 as provided in section 489a.

9 (2) If it is necessary for the public health to locate,

10 establish, and construct a county drain, a petition for that

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1 purpose may be filed with the county drain commissioner signed by

2 2 or more public corporations which THAT will be subject to

3 assessments to pay the cost of the drain. The petition shall

4 state that it is filed pursuant to this chapter and shall

5 describe the location and route of the proposed drain suffi-

6 ciently to determine with reasonable certainty the areas to be

7 serviced by the drain.

8 (3) Not more than 20 days after the petition is filed, the

9 county drain commissioner shall notify each public corporation

10 which THAT may be subject to an assessment or in which is ARE

11 located any of the areas to be drained, as described in the peti-

12 tion, that a petition was filed.

13 (4) A certified copy of the resolution of the governing body

14 of each signer authorizing the affixing of the signature of the

15 governing body to the petition shall be attached to the

16 petition. The petition may be filed in more than 1 counterpart.

17 For a petition filed by a county, the county board of commission-

18 ers shall authorize the execution of the petition, and for a

19 petition filed by the state, the state transportation commission

20 shall authorize the execution of the petition. As provided in

21 section 423, an order of determination of the water resources

22 commission DEPARTMENT OF ENVIRONMENTAL QUALITY shall also serve

23 as a petition made pursuant to this chapter.

24 Sec. 467. (1) The drainage board, at its first meeting,

25 shall consider the petition for the project and make a tentative

26 determination as to the sufficiency of the petition, and the

27 practicability of the proposed drain, and shall further make a

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1 tentative determination of the public corporations to be

2 assessed. The DRAINAGE BOARD SHALL SEND NOTICE OF THE TENTATIVE

3 DETERMINATION BY REGISTERED MAIL TO THE CLERK OR SECRETARY OF

4 EACH PUBLIC CORPORATION PROPOSED TO BE ASSESSED, EXCEPT THAT A

5 NOTICE TO THE STATE SHALL BE SENT TO THE STATE HIGHWAY DIRECTOR

6 AND A NOTICE TO A COUNTY SHALL BE SENT TO BOTH THE COUNTY CLERK

7 AND THE COUNTY ROAD COMMISSION.

8 (2) IF THE GOVERNING BODIES OF A MAJORITY OF THE PUBLIC COR-

9 PORATIONS, OTHER THAN THIS STATE, TENTATIVELY DETERMINED TO BE

10 ASSESSED FOR THE DRAIN ADOPT RESOLUTIONS APPROVING THE TENTATIVE

11 DETERMINATION, THE drainage board shall AGAIN MEET AND give a

12 name to the drain and to the drainage district, . The district

13 WHICH shall be composed of the public corporations to be assessed

14 for the cost of the project. After the THE drainage board has

15 made the determination it shall ALSO fix a time, date, and place

16 it will meet FOR A HEARING to hear objections to the proposed

17 drain and the petition for the drain, and to the matter of

18 assessing the cost of the drain to the designated public

19 corporations. Notice of the hearing shall be published twice in

20 the county by inserting the notice in at least 1 newspaper pub-

21 lished in the county, designated by the drainage board, with the

22 first publication to be not less than 20 days before the time of

23 the hearing. The notice shall also be sent by registered mail

24 to the clerk or secretary of each public corporation proposed to

25 be assessed, except that a notice to the state shall be sent to

26 the state highway director and a notice to a county shall be sent

27 to both the county clerk and the county road commission MAILED

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1 AS PROVIDED UNDER SUBSECTION (1). The mailing shall be made not

2 less than 20 days before the time of the hearing. The notice

3 shall be signed by the chairperson and proof of the publication

4 and mailing of the notice shall be filed in his or her office.

5 The drainage board may provide a form to be substantially fol-

6 lowed in the giving of the notice.

7 (3) After the hearing, the drainage board shall make a

8 determination as to the sufficiency of the petition, the practi-

9 cability of the drain, whether the drain should be constructed,

10 and if so, the public corporations to be assessed, and shall

11 issue its order accordingly. The order shall be known as the

12 final order of determination. A public corporation shall not be

13 eliminated from, or added to, those tentatively determined to be

14 assessed without a rehearing after notice.

15 Sec. 468. (1) The IF THE GOVERNING BODIES OF A MAJORITY

16 OF THE PUBLIC CORPORATIONS, OTHER THAN THIS STATE, TO BE ASSESSED

17 FOR THE DRAIN ADOPT RESOLUTIONS APPROVING THE FINAL ORDER OF

18 DETERMINATION, THE drainage board shall secure from a competent

19 engineer, plans, specifications, and an estimate of cost of the

20 proposed drain. , which, when approved and adopted by the board,

21 shall be filed with the chairman thereof. In approving the plans

22 and specifications, the drainage board shall not be IS NOT

23 limited to the route of the drain described in the petition or

24 the final order of determination. AFTER THE PLANS AND SPECIFICA-

25 TIONS ARE APPROVED BY THE DRAINAGE BOARD, THE PLANS AND SPECIFI-

26 CATIONS SHALL BE FILED WITH THE CHAIRPERSON OF THE DRAINAGE

27 BOARD.

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1 (2) The drainage board shall tentatively establish the

2 percentage of the cost of the drain or of the several sections or

3 parts thereof which THAT is to be borne by each public

4 corporation. In making the apportionments, hereunder, there

5 shall be taken into consideration THE DRAINAGE BOARD SHALL

6 CONSIDER the benefits to accrue to each public corporation and

7 also the extent to which each public corporation contributes to

8 the conditions which THAT make the drain necessary.

9 Apportionments against the state shall be based upon the benefits

10 and contributions as related solely to the drainage of state

11 highways. , and those APPORTIONMENTS against the county shall

12 be based UPON BENEFITS AND CONTRIBUTIONS as related solely to the

13 drainage of its county highways. Before a tentative apportion-

14 ment shall be IS made, the drainage board shall designate the

15 area to be served by the drain project, which may or may not

16 include all of the area in a public corporation to be assessed

17 and may divide the drain into sections or parts for purposes of

18 apportionment or construction. Nothing herein contained shall

19 prohibit the county from assuming any THE COUNTY MAY ASSUME AN

20 additional cost of the drain if 2/3 of the members elect of the

21 county board of commissioners vote in favor thereof.

22 (3) The apportionment shall only apply APPLIES ONLY to the

23 proposed drain. The apportionments for any extensions or other

24 work subsequently performed under section 482 shall be reestab-

25 lished by the board. When

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1 (4) IF chapter 25 is employed in the apportionment of costs,

2 the above proceedings shall be altered and supplemented as

3 provided in chapter 25.

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