January 28, 2016, Introduced by Rep. Glardon and referred to the Committee on Local Government.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 441, 441a, and 446 (MCL 280.441, 280.441a, and
280.446).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 setting forth the reason for the proposed
consolidation. The consolidation may include land not within an
existing drainage district if requested in the petition. The
petition shall be signed by at least 50 property owners within the
proposed consolidated drainage district. If in the proposed
consolidated drainage district there are less than 100 property
owners, the petition shall be signed by at least 50% of the
property
owners in the proposed consolidated drainage district. In
place
of a petition Instead of
being signed by property owners, a
petition may be signed solely by a city, village, or township a
portion of which is located within the proposed consolidated
drainage
district, when if authorized by its governing body, or
signed by a combination of such municipalities.
(2) As soon as practicable after the filing of a petition
under subsection (1), the drain commissioner, if not disqualified
under section 381, may appoint a board of determination composed of
3 disinterested property owners to determine the necessity of the
consolidation. If the commissioner is disqualified or chooses not
to appoint the board of determination, the commissioner shall
immediately file a copy of the petition with the chairperson of the
county board of commissioners, together with a statement signed by
the commissioner showing that he or she is disqualified or chooses
not to act in appointing a board of determination. Upon receiving a
copy of the petition and certificate, the chairperson of the county
board of commissioners, if not privately interested, shall appoint
as soon as practicable a board of determination and shall
immediately notify the drain commissioner of the names and
addresses of those appointed. If the chairperson of the county
board of commissioners has a private interest in the proceedings,
the drain committee of the county board of commissioners shall
appoint the board of determination. Members of a board of
determination shall be residents of the county but not of the
proposed consolidated drainage district or of a drainage district a
part of which is to be included in the proposed consolidation. A
meeting of the board of determination shall be called within the
proposed
consolidated drainage district at some a convenient place
to be designated by the drain commissioner. If a person appointed
to the board of determination fails or refuses to serve, a
successor shall be appointed by the official or committee making
the appointment in the first instance. The compensation of a member
of the board of determination shall be $8.00 per day with no
additional allowance for mileage. The county board of commissioners
of a county may increase the per diem compensation of members of
the board of determination.
(3) (2)
The drain commissioner shall give
notice of the time,
date,
and place of the meeting in the manner prescribed by Act No.
267
of the Public Acts of 1976 the
open meetings act, 1976 PA 267,
MCL 15.261 to 15.275, and by publication twice in a newspaper of
general circulation in the county or a newspaper of general
circulation
in the proposed consolidated drainage district. , the
The
first publication of which shall
be at least 10 days before the
meeting. Notices shall also be served on the county clerk and the
clerk
of each township, village, or and
city in the proposed
consolidated drainage district, personally or by registered mail,
at least 10 days before the meeting. The drain commissioner shall
also send notice by first-class mail of the time, date, and place
of the meeting at least 10 days before the date of the meeting to
each person whose name appears on the last city or township tax
assessment roll as owning land within the existing drainage
districts, a portion of which is proposed to be consolidated, or
owning
lands land within the proposed consolidated drainage
district
whose land is but not within an existing drainage
district,
at the address shown on the roll. If an a person's
address does not appear on the roll, then a notice need not be
mailed
to those persons. that
person. The drain commissioner shall
make an affidavit of the mailing and shall recite in the affidavit
that the persons to whom the notice was mailed constitute all of
the
persons to whom notice must be sent. The affidavit shall be is
conclusive proof that notice was mailed to each person to whom
notice is required to be mailed by this section. The failure to
receive
a notice by mail shall not constitute is not a
jurisdictional defect invalidating a drain proceeding if notice has
been sent by first-class mail as provided in this section. All
expense of notification shall be paid by the drainage district when
created.
(4) (3)
At the time and place fixed specified in the notice
the board shall meet, elect a chairperson and a secretary, and,
proceed
to determine whether the proposed consolidation is
conducive
to public health, convenience, or welfare. After after
hearing
the evidence, the board shall make its determination as to
determine by majority vote of the members whether the proposed
consolidation is conducive to public health, convenience, or
welfare.
If the board finds by a majority vote of the members that
the proposed consolidation is not conducive to public health,
convenience, or welfare, it shall file with the commissioner an
order dismissing the petition, and a further petition for the drain
shall
not be entertained considered
within 1 year after the
determination.
If the board by a majority vote finds that the
proposed consolidation is conducive to the public health,
convenience,
or welfare, it shall make its an
order to that effect
and file the order with the commissioner. Upon receipt of the order
of consolidation, the commissioner shall enter an order giving the
consolidated drainage district a name or number.
Sec. 441a. (1) Two or more drainage districts may be
consolidated and organized as a single drainage district under this
section
where if the proposed consolidated district lies within
more than 1 county, by filing a petition in writing with the
commissioner of a county having jurisdiction of land in the
proposed consolidated drainage district, setting forth the reason
for the proposed consolidation. The consolidation may include land
not within an existing drainage district if requested in the
petition. The petition shall be signed by at least 50 property
owners within the proposed consolidated drainage district. If in
the proposed consolidated drainage district there are less than 100
property owners, then the petition shall be signed by at least 50%
of the property owners in the proposed consolidated drainage
district.
In place of a petition Instead
of being signed by
property owners, a petition may be signed solely by a city,
village, or township a portion of which is located within the
proposed
consolidated drainage district , when if
authorized by its
governing
body , or signed by
a combination of such municipalities.
(2) Upon receipt of the petition under subsection (1), the
commissioner shall notify the director of the department of
agriculture and rural development and the commissioner of each
county embracing land in the proposed consolidated drainage
district. The drain commissioners of the counties and the director
of the department of agriculture and rural development or a deputy
designated
by the director shall constitute the drainage board.
(3) (2)
The director of the department of
agriculture and
rural development shall call a meeting of the drainage board not
less than 15 days or more than 60 days after the receipt of the
notice. The meeting shall be held in the immediate locality of the
proposed consolidated drainage district. Notice of the meeting
shall
be served personally or by registered mail , at least 10 days
before the meeting on the clerk of each county, township, village,
and city within the proposed consolidated drainage district. A
notice of the meeting shall be given in the manner prescribed by
Act
No. 267 of the Public Acts of 1976, the open meetings act, 1976
PA 267, MCL 15.261 to 15.275, and shall be published twice in each
county affected in a newspaper of general circulation in the county
or in a newspaper of general circulation in the proposed
consolidated
drainage district. , the The
first publication of
which
shall be at least 10 days before
the meeting. The drain
commissioner of each county in which land proposed to be
consolidated into the proposed consolidated district is located
shall also send notice of the time, date, and place of the meeting
by first-class mail, at least 10 days before the date of the
meeting, to each person whose name appears upon the last city or
township tax assessment roll as owning land within the existing
drainage districts to be consolidated, or owning land within the
proposed
consolidated drainage district which is but not within an
existing drainage district, at the address shown on the roll. If an
address does not appear on the roll, a notice need not be mailed to
the persons. Each drain commissioner shall make an affidavit of the
mailing and shall recite in the affidavit that the persons to whom
the notice was mailed constitute all of the persons to whom notice
must
be sent. The affidavits shall be are conclusive proof that
notice was mailed to each person to whom notice is required to be
mailed
by this section. The failure to receive notice by mail shall
not
constitute is not a jurisdictional defect invalidating a drain
proceeding , if notice has been sent by first-class mail as
provided in this section. All expense of notification shall be paid
by the drainage district when created or consolidated.
(4) (3)
Upon convening the meeting, the
director of the
department of agriculture and rural development or a deputy
selected by the director shall act as chairperson. The drainage
board shall consider the application for the proposed consolidated
drainage
district , and
determine the sufficiency of the signatures
to
the application. The drainage board shall then proceed to
determine
whether the proposed consolidation is conducive to public
health,
convenience, or welfare. After
hearing the evidence, the
drainage
board shall make its determination as to determine by
majority vote of its members whether the proposed consolidation is
conducive to public health, convenience, or welfare. If the board
finds
by a majority vote of the members that the proposed
consolidation is not conducive to public health, convenience, or
welfare, it shall file with the chairperson an order dismissing the
petition, and a further petition for consolidation shall not be
entertained
considered within 1 year after the determination. If
the
board by a majority vote finds that the proposed consolidation
is conducive to the public health, convenience, or welfare, it
shall
make its an order to that effect and file the order with the
chairperson. Upon receipt of the order of consolidation, the
chairperson shall enter an order giving the consolidated drainage
district
a name or number. A copy of the order shall be filed
within
Within 10 days, by the director of the department of
agriculture and rural development shall file a copy of the order in
the office of the county drain commissioner of each county in which
land included in the consolidated drainage district is located.
Sec.
446. Any drain which that 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, after in
chapter 17. After all outstanding
indebtedness
has been paid, such any money in
the fund of the drain
shall
be transferred , and
paid over, or prorated, in
the same
manner
as is provided in chapter 17.
for abandoned or vacated
drains:
Provided, That However, if any municipality
or other person
,
firm, corporation or township entitled
to share in the
distribution
of such money shall be the
money is liable for any
special
assessment of the consolidated drain, its share of such the
money,
or any part thereof which that
is necessary to cover such
the special assessment, shall be returned to the respective county
treasurer
or treasurers. and such The county treasurer or
treasurers
shall transfer such the money to the fund of the
consolidated
drain, and such the municipality or other person ,
firm,
corporation or township shall be
credited therefor for the
money against the special assessment of the consolidated drain.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.