HOUSE BILL No. 6450 September 24, 2002, Introduced by Reps. Ruth Johnson, Cassis, Bishop, Palmer, Jacobs, Gosselin and Voorhees and referred to the Committee on Agriculture and Resource Management. 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 07681'02 ** TMV 2 1 purpose may be filed with the county drain commissioner signed by 2 2 or more public corporationswhichTHAT 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 10whichTHAT may be subject to an assessment or in whichisARE 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 thewater resources22commissionDEPARTMENT 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,andthe 27 practicability of the proposed drain, andshall further make a07681'02 ** 3 1tentative determination ofthe 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 district13 WHICH shall be composed of the public corporations to be assessed 14 for the cost of the project.After theTHE drainage boardhas15made the determination itshall ALSO fix a time, date, and place 16it will meetFOR 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 twicein20the county by inserting the noticein 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 besent by registered mail24to the clerk or secretary of each public corporation proposed to25be assessed, except that a notice to the state shall be sent to26the state highway director and a notice to a county shall be sent27to both the county clerk and the county road commissionMAILED 07681'02 ** 4 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)TheIF 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,21shall be filed with the chairman thereof.In approving the plans 22 and specifications, the drainage boardshall not beIS 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. 07681'02 ** 5 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 thereofwhichTHAT is to be borne by each public 4 corporation. In making the apportionments,hereunder, there5shall be taken into considerationTHE DRAINAGE BOARD SHALL 6 CONSIDER the benefits to accrue to each public corporation and 7alsothe extent to which each public corporation contributes to 8 the conditionswhichTHAT 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 thoseAPPORTIONMENTS 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 mentshall beIS 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 shall19prohibit the county from assuming anyTHE 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 apportionmentshall only applyAPPLIES 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.When07681'02 ** 6 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. 07681'02 ** Final page. TMV