reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.534 - Deputy for Director of Agriculture; Powers.

280.534 Deputy for director of agriculture; powers.
Sec. 534.
The director of agriculture may designate a deputy or an assistant to act in his stead in respect to the performance of his duties under this act. Where any deputy or assistant so acts, it shall be conclusively presumed that he was properly designated by the director of agriculture. Any official proceedings may be signed by such deputy or assistant in his own name. The signature of such deputy or assistant shall be followed by his official title. Where a deputy or assistant has been designated by the director of agriculture to act in his stead in connection with all the proceedings as to any project, then any notice required to be served upon or mailed to the director of agriculture may be served upon or mailed to such deputy or assistant. The director of agriculture is hereby empowered to appoint a deputy who shall have power to act in his place under any and all circumstances in respect to matters within the scope of this act, irrespective of whether or not he is authorized to appoint a general deputy.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.535 - Improvements or Additions to Drains for Public Health.

280.535 Improvements or additions to drains for public health.
Sec. 535.
Any 1 or more intercounty drains or any portion thereof, now or hereafter existing, may be cleaned out, relocated, widened, deepened, straightened, extended, tiled, interconnected or otherwise improved, or branches added or connected thereto, when necessary for the public health, in the same manner as an intercounty drain may be located, established and constructed under this chapter, with such variations in the proceedings as may be necessary to make the same applicable, and also the cost thereof may be financed in like manner. A project to improve intercounty drains may include backfilling and leveling any portion thereof no longer needed after the improvements.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1961, Act 46, Imd. Eff. May 20, 1961 ;-- Am. 1963, Act 215, Imd. Eff. May 17, 1963 ;-- Am. 1971, Act 60, Imd. Eff. July 20, 1971
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.536 - Certiorari; Time; Legal Establishment of Drain.

280.536 Certiorari; time; legal establishment of drain.
Sec. 536.
Neither the final order of determination nor the final order of apportionment shall be subject to attack in any court except by proceedings in certiorari brought within 20 days after the filing of such order in the office of the secretary of the board issuing the same. If no such proceeding shall be brought within the time above prescribed, the drain shall be deemed to have been legally established and the legality of the drain and the assessments therefor shall not thereafter be questioned in any suit at law or in equity.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.537 - Procedures; Incorporation of Other Chapters in Drainage Board Orders.

280.537 Procedures; incorporation of other chapters in drainage board orders.
Sec. 537.
In operating under the terms of this chapter, the several boards and officials shall not be limited by the provisions contained in other chapters of this act and the procedures required under the terms of such other chapters shall not be deemed to be applicable: Provided, That when not contrary to the express provisions of this chapter, any provision or provisions in other chapters of this act may be incorporated by recital or by references into any order or resolution of the drainage board or augmented drainage board, and when so incorporated shall be deemed applicable to the project under this chapter.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.538 - New Cities; Service of Notice on Township Clerk or De Facto City Officer.

280.538 New cities; service of notice on township clerk or de facto city officer.
Sec. 538.
Whenever a new city has been or shall be incorporated but such incorporation shall not have been completed by the adoption of a city charter, then any notice required by this chapter to be served upon the city clerk shall be served upon the clerk or clerks of the township or townships from which the city was incorporated: Provided, That if a city charter shall have been submitted, but rejected by the electors, then such notice shall also be served upon the de facto officer of the city, if there be such an officer. Service of any notice made prior to the effective date of this amendment, which was made in the manner provided in this section, is hereby declared to be a valid compliance with the terms of this act in respect to service upon the city clerk.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.540 - Relief Drains.

280.540 Relief drains.
Sec. 540.
When 2 or more public corporations, constituting as a whole contiguous territory, are served by 1 or more intercounty drains or by a combination of 1 or more intercounty drains and 1 or more county drains, and it is necessary for the public health to supplement such existing drain or drains by constructing 1 or more relief drains, which may consist of new drains and branches and connections thereto or extensions, enlargements, branches, connections or improvements described in section 535 to existing drains, or any combination thereof, then the entire project may be constructed and financed as a whole under the provisions of this chapter and the word "drain" shall be deemed to include such a project.
History:
Add. 1959, Act 261, Imd. Eff. Aug. 21, 1959 ;-- Am. 1963, Act 215, Imd. Eff. May 17, 1963
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.541 - River, Creek, or Watercourse; Petition to Inclusion in Jurisdiction.

280.541 River, creek, or watercourse; petition to inclusion in jurisdiction.
Sec. 541.
A petition meeting the requirements of this chapter as to petitioners, execution and filing may request, for reasons of public health, that jurisdiction be assumed over all or a specified part of the bed, tributaries, banks and flood plains of a river, creek or watercourse, not part of an established drain. The petition shall describe the existing or threatened conditions which cause or increase the danger of flooding, pollution, desecration or obstruction of such river, creek or watercourse, and shall specify, in general terms, the works, property acquisition, actions or procedures deemed necessary to remove or lessen such danger.
History:
Add. 1965, Act 194, Imd. Eff. July 15, 1965
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.542 - River, Creek, or Watercourse; Petition; Content, Deposit to Pay Costs, Filing; Drainage Board, Hearing and Notice.

280.542 River, creek, or watercourse; petition; content, deposit to pay costs, filing; drainage board, hearing and notice.
Sec. 542.
The petitioners named in a petition filed pursuant to section 541, shall include therein an agreement to pay the amount of, or shall accompany the petition with a deposit in the amount of, the estimated cost of the planning and engineering required to describe in recordable form the bed, tributaries, banks and flood plains of the river, creek or watercourse over which jurisdiction is necessary and is to be assumed and the work to be done or property to be acquired according to the petition. Upon filing such petition with the agreement or deposit to pay costs, the initial findings, actions and determinations shall be made and taken with respect thereto as described in sections 517 and 519, and such description shall be obtained and approved and adopted by the augmented drainage board. To assume jurisdiction of the bed, tributaries, banks and flood plains of the river, creek or watercourse and to perform the work proposed to be done thereon, if any, as so described, a meeting to hear objections to the assumption of such jurisdiction, to the petition therefor and to the proposed work or property acquisition shall be held as provided for other drain projects pursuant to this chapter. The notice of such hearing shall contain the description as approved and adopted by the augmented drainage board.
History:
Add. 1965, Act 194, Imd. Eff. July 15, 1965
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.543 - River, Creek, or Watercourse; Board Determination, Final Order, Contents, Recording, Effect.

280.543 River, creek, or watercourse; board determination, final order, contents, recording, effect.
Sec. 543.
After the hearing, the augmented drainage board shall determine whether or not it will assume such jurisdiction and perform the work proposed, if any, and shall issue its order accordingly, which order shall be known as the "final order of determination". The final order of determination shall contain the description of the bed, tributaries, banks and flood plains of the river, creek or watercourse over which jurisdiction has been assumed and shall be recorded in the county records in the county in which any part thereof is located. After such recording, no constructing, excavating, land filling, removing of structures, trees, plants or shrubs, dumping, or discharging of sewers or drains shall be permitted or continued in the bed, tributaries, banks or flood plains of the river, creek or watercourse within the recorded description thereof, except upon written order or permit issued by the drainage board.
History:
Add. 1965, Act 194, Imd. Eff. July 15, 1965
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.544 - River, Creek, or Watercourse; Final Order of Determination; Recording Effect on Private Rights.

280.544 River, creek, or watercourse; final order of determination; recording effect on private rights.
Sec. 544.
The recording of the description does not appropriate, terminate or lessen any private rights in property, real or personal, except such as shall be voluntarily released by written agreement or conveyance or as shall be condemned as provided in this chapter, or pursuant to applicable law. The recording of the description constitutes a regulation and limitation, for reasons of public health, of the use of the public and private property therein described to remove or lessen the danger of flooding, pollution, desecration or obstruction of the river, creek or watercourse, or parts thereof, involved.
History:
Add. 1965, Act 194, Imd. Eff. July 15, 1965
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.545 - River, Creek, or Watercourse; Assessment of Costs, Hearing; Powers.

280.545 River, creek, or watercourse; assessment of costs, hearing; powers.
Sec. 545.
Before any work, other than preparation of the description and the approval, adoption and recording of the same, is done or rights in or ownership of property are acquired by the drainage board, pursuant to any petition filed under section 541, the augmented drainage board shall make a determination, following notice and a hearing as provided in this chapter, which may be the hearing provided for in section 542, as to the public corporations to be assessed for the cost of such work or acquisition. After the hearing and the determination to proceed with such work, the drainage board shall proceed in the same manner as is provided for other drain projects in this chapter and the drainage board shall have the rights and powers so provided.
History:
Add. 1965, Act 194, Imd. Eff. July 15, 1965
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.546 - Drainage Board Funds; Investment of Surplus, Interest.

280.546 Drainage board funds; investment of surplus, interest.
Sec. 546.
The drainage board may direct the treasurer of any drainage district to invest any surplus funds belonging to and under the control of the drainage board, in bonds and other direct obligations of the United States or in certificates of deposit or depository receipts of any bank which is a member of the federal deposit insurance corporation in such amounts and issues as directed by the drainage board. The interest earnings from such investments shall be credited by the county treasurer to such drainage district funds.
History:
Add. 1970, Act 144, Imd. Eff. Aug. 1, 1970
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.547 - Surplus Construction Funds; Use; Transfer; Provisions of Contract With Public Corporation; Return of Funds; Applicability of MCL 280.547a; Definition.

280.547 Surplus construction funds; use; transfer; provisions of contract with public corporation; return of funds; applicability of MCL 280.547a; definition.
Sec. 547.
(1) The drainage board shall use any surplus construction funds remaining in the construction fund after completion of the project for the inspection, repair, and maintenance of the drain as provided in section 196 or shall authorize the transfer of the funds to the bond and interest account, if bonds were issued, in the amounts the drainage board considers proper.
(2) The drainage board shall contract with a public corporation if that public corporation has been assessed for all or part of the cost of the drain or if land in a city, village, township, or combination thereof has been assessed for all or any part of the cost of a drain. The contract shall provide that after all outstanding drain orders or bonds are paid on a drainage district project, the drainage board shall authorize the county treasurers to pay over any portion of the surplus not needed for more than the cost of inspection, repair and maintenance of the drain as provided in section 196 to the county, township, city, or village in which the drain was located or in which assessments for benefits have been assessed and collected. The payments shall be on a pro rata basis in direct proportion to the amounts assessed and collected from each county, township, city, or village. The contract shall also provide that upon receipt of the surplus funds the county, city, village, or township shall utilize the surplus funds to alleviate drainage problems in their respective jurisdictions.
(3) If state highway funds are involved in a project, the drain commissioner or the drainage board, upon completion of a construction project, and after all outstanding drain orders or bonds are paid on the project shall return, on a pro rata basis, surplus construction funds in excess of the amount necessary to pay for inspection, repair, and maintenance of the drain as provided in section 196 to the state transportation department for the construction, maintenance, and administration of state highways.
(4) A drainage board may apply section 547a to surplus construction funds in place of this section.
(5) As used in this section and section 547a, "public corporation" includes a city, village, township, or county, or the state.
History:
Add. 1970, Act 144, Imd. Eff. Aug. 1, 1970 ;-- Am. 1988, Act 34, Imd. Eff. Feb. 25, 1988 ;-- Am. 1989, Act 149, Imd. Eff. July 14, 1989
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.547a - Surplus Construction Funds; Disposition; Use.

280.547a Surplus construction funds; disposition; use.
Sec. 547a.
(1) After the construction of a county drain for which none of the financing is obtained through special assessments under section 539, the drainage board shall provide for an amount from surplus construction funds sufficient to inspect, repair, and maintain the drain as provided in section 196. After providing for inspection, repair, and maintenance, the drainage board may apportion the balance of the surplus construction funds to separate accounts to the credit of the public corporations against which the cost of the drain is assessed. The funds shall be credited in direct proportion to amounts assessed and collected from the public corporations.
(2) Funds in an account apportioned to the credit of a public corporation under this section shall be used only for the following:
(a) To pay principal and interest on bonds issued to finance the drain for which the assessment is imposed.
(b) If bonds are not sold, to pay assessments due from the public corporation.
(c) At the request of the public corporation, to alleviate drainage problems in that public corporation.
History:
Add. 1988, Act 34, Imd. Eff. Feb. 25, 1988 ;-- Am. 1989, Act 149, Imd. Eff. July 14, 1989
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.548 - Pollution in Intercounty Drain; Abatement; Petition.

280.548 Pollution in intercounty drain; abatement; petition.
Sec. 548.
Whenever the water resources commission or successor agency has determined that pollution exists in an inter-county drain which services any city, village or township or any combination thereof and has issued an order of determination or permit to such public corporation for abatement thereof, then a petition under this chapter may be filed in accordance with section 513 by any one such city having greater than 500,000 population.
History:
Add. 1973, Act 48, Imd. Eff. July 11, 1973
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.549 - Assessments Against Townships and Villages.

280.549 Assessments against townships and villages.
Sec. 549.
Unless otherwise provided by the drainage board or the appropriate drain commissioner, assessments against a township shall be against the township as a whole, including any incorporated village, but the drainage board or the appropriate drain commissioner may determine to assess separately or exclude a village, in which case the assessment against the township shall be exclusive of the village and the tax levies to be made by the township to pay the assessment shall not include property taxable in the village.
History:
Add. 1976, Act 5, Imd. Eff. Feb. 10, 1976
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-22. - Chapter 22. Water Management Districts and Subdistricts (280.551...280.583) › Section 280.552 - Water Management; Petition for Flood Control or Drainage Project, Filing, Signatures, Contents, Map.

280.552 Water management; petition for flood control or drainage project, filing, signatures, contents, map.
Sec. 552.
Whenever it shall be necessary for the public health, safety or welfare to establish a water management district to undertake a project in all or part of 3 or more contiguous counties in this state for purposes of flood control or drainage, a petition therefor may be filed with the director of agriculture, signed by 3 or more public corporations, and, if a district with 8 or more counties, by 3 or more counties, which will be subject to assessments to pay the cost of such project. Such petition shall state that it is filed pursuant to the provisions of this chapter, shall set forth the proposed name of the district and the necessity for the project in the interest of the public health, safety or welfare; and shall contain a general description of the type, purpose and location of the proposed project, which description need be only sufficiently accurate as to determine with reasonable certainty the waters, works and territory involved in the project and the public corporations to be benefited thereby. A map showing the boundaries of the proposed district and a certified copy of the resolution of the governing body of each public corporation, authorizing its signature thereto, shall be attached to the petition. Such petition may be filed in more than 1 counterpart.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-22. - Chapter 22. Water Management Districts and Subdistricts (280.551...280.583) › Section 280.553 - Water Management Commission; Members, Appointment, Compensation, Expenses, Approval of Plans, Orders and Assessments.

280.553 Water management commission; members, appointment, compensation, expenses, approval of plans, orders and assessments.
Sec. 553.
There is created for each water management district petitioned for under the provisions of this chapter, a water management commission consisting of (a) the drain commissioner of each county within the district; (b) 1 representative of each county within the district, to be appointed by the county board of supervisors in the usual manner employed by such county in appointing members to county boards or commissions; (c) 1 representative of each city or village within the district with a population of 5,000 or more, and 1 additional representative for each 20,000 of population or any major fraction thereof by which the population of such city or village exceeds 10,000, to be appointed by the governing body, but no city or village shall have more than 10 representatives; (d) 1 director of a soil conservation district to be designated by the directors of all such districts within a water management district; and (e) the director of agriculture, who shall serve as chairman of the commission. County soil conservation district and city or village representatives shall be resident property owners of the district and shall serve at the pleasure of the appointing body. Each member of the commission appointed by a county board of supervisors and county soil conservation districts shall receive such compensation, mileage and expenses as shall be provided by the water management commission except that such compensation shall not exceed $25.00 per diem exclusive of mileage and expenses for attendance at water management commission meetings. Members who are drain commissioners, or who are county or city employees, shall be reimbursed for actual and necessary expenses but shall not receive any other compensation. The director of agriculture or his deputy shall not receive any compensation or reimbursement for expenses incurred as a member of the commission. A vote of 3/5 of all of the members of the commission shall be required to approve any preliminary or final order of determination, official plan, final order of apportionment, or other matter involving any assessment or increase in assessment of costs.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1969, Act 285, Eff. Mar. 20, 1970
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-22. - Chapter 22. Water Management Districts and Subdistricts (280.551...280.583) › Section 280.555 - Water Management Commission or Water Management Board; Meetings; Notice; Quorum; Adjournment; Action by Board; Signing of Orders; Minutes of Proceedings; Records; Meetings and Records Open to Public.

280.555 Water management commission or water management board; meetings; notice; quorum; adjournment; action by board; signing of orders; minutes of proceedings; records; meetings and records open to public.
Sec. 555.
This section shall pertain to either the water management commission or the water management board. Meetings may be called by the chairperson or 2 members of either body, upon notice sent by registered mail to each member. The notice shall be mailed not less than 10 days before the time of the meeting. A majority of the members shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time. A meeting may be adjourned from time to time. Unless otherwise provided in this act, an action shall not be taken by either body except by a majority vote of the members present and voting. In the event of the adjournment of a hearing, it shall not be necessary to advertise the adjournment of the hearing. Orders issued by either body shall be signed by its chairperson and secretary. The secretary shall prepare and sign duplicate originals of the minutes of the proceedings of the body, one to be retained by the chairperson and the other to be filed with the director of the department of agriculture. The originals of all proceedings and records shall be kept on file with the secretary. The director of the department of agriculture may require the secretary to furnish certified copies of records of either body in the office of the secretary for filing in his or her office, and the certified copies filed shall have the same force and effect as the originals. Meetings shall be open to the public, and records of either body shall be considered public records and available for inspection during regular office hours.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1978, Act 235, Imd. Eff. June 15, 1978
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-22. - Chapter 22. Water Management Districts and Subdistricts (280.551...280.583) › Section 280.556 - Water Management Commission; Petitions, Review; Notice of First Meeting.

280.556 Water management commission; petitions, review; notice of first meeting.
Sec. 556.
Within 30 days following receipt of a petition as provided in section 552 of this act, the director of agriculture shall review the petition for sufficiency and accuracy, shall make a preliminary finding of the counties which in his opinion include public corporations that should be assessed under the provisions of this chapter, and shall mail written notice of the first meeting of the water management commission to the county clerk and drain commissioner of each such county, to the highway agencies having jurisdiction over all highways, roads and streets in said district, to the secretary of each soil conservation district and to the city or village clerk of each city and village within such counties with a population of 5,000 or more according to the latest or each succeeding federal decennial census, which in his opinion are subject to assessment for the cost of the project. Such notice shall request the appointment of a representative of each public corporation so notified to the commission and shall state the time and place of the first meeting, which shall be held not less than 30 nor more than 45 days following the mailing thereof. In the event a county board of supervisors of any such county does not meet in a regular or special session prior to the date of the first meeting of the commission, the chairman of the board of supervisors shall represent the county at the first meeting, and the board of supervisors shall appoint a member to the commission at its next regular or special session. Failure of the governing body of any public corporation entitled to representation to appoint a member to the commission shall not prevent the inclusion of such public corporation in the water management district, nor exempt it from assessment or other obligations imposed by this chapter, but such public corporation shall be without representation until it shall appoint a member. The director of agriculture shall also send notice of the first meeting to the director of the department of conservation, the state highway commissioner and the county road commission of each county within the district.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-22. - Chapter 22. Water Management Districts and Subdistricts (280.551...280.583) › Section 280.557 - Water Management Commission; Temporary Secretary, By-Laws, Tentative Determination, Amendment of Petition, Notice of Adjourned Meeting; Dismissal of Petition; Name of District; Board; Tentative Determination; Preliminary Plans.

280.557 Water management commission; temporary secretary, by-laws, tentative determination, amendment of petition, notice of adjourned meeting; dismissal of petition; name of district; board; tentative determination; preliminary plans.
Sec. 557.
The commission shall elect a temporary secretary, and may adopt rules of procedure or by-laws, not inconsistent with the provisions of this chapter. The commission shall also consider the petition for the project, and shall make a tentative determination as to the sufficiency of the petition and the necessity and practicability of the proposed project. If the commission shall determine that the petition is insufficient, it may enter an order amending or supplementing such petition, which order shall be deemed to constitute a part of the petition. If such order shall result in the inclusion of any additional public corporation which is entitled to designate a member to the commission, the commission shall adjourn the meeting and shall notify the clerk of such public corporation of the time and place of the adjourned meeting, which notice shall be given in conformity with the requirements of the notice provided for in section 556 of this act. If the commission shall at any time determine that the project is not necessary or practicable, it shall order the petition dismissed, and proceedings under such petition shall be thereby terminated. Where a petition for a project has been dismissed, such project shall not be petitioned for again under this act for a period of 1 year. If the commission shall find the project necessary and practicable and the petition, in original form or as amended by order of the commission, sufficient, it shall proceed forthwith to select a name for the district, elect a water management board, and make a tentative determination of the public corporations to be assessed for the costs of the project. The commission shall procure preliminary plans which include an estimate of costs of the project, benefits which will result therefrom to the various public corporations comprising the district, and the extent to which each public corporation contributes to the conditions which make the project necessary. The commission shall make a tentative determination, based upon such plans, of the percentage of costs to be assessed to each public corporation comprising the district, and shall transmit a written copy of such determination, together with the petition, any orders amendatory and supplementary thereto, and the preliminary plan to the water management board.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-22. - Chapter 22. Water Management Districts and Subdistricts (280.551...280.583) › Section 280.558 - Water Management Board; Hearing of Objections; Notice of Hearing; Preliminary Order of Determination; Eliminating or Adding Public Corporation.

280.558 Water management board; hearing of objections; notice of hearing; preliminary order of determination; eliminating or adding public corporation.
Sec. 558.
The water management board shall fix a time, date, and place it will meet to hear objections to the proposed project, the petition for the project, and to the assessments of costs as contained in the tentative determination of the commission. Notice of the hearing shall be published twice in each county involved by inserting the notice in at least 1 newspaper designated by the board and published and circulated in the county. The first publication shall be not less than 20 days before the time of hearing. Notice shall also be sent by registered mail to the clerk or secretary of each public corporation proposed to be assessed, except that a notice to the state shall be sent to the state highway director and the director of the department of natural resouces and a notice to a county shall be sent to both the county clerk and the county road commission. The mailing shall be made not less than 20 days before the time of the hearing. The notice shall be signed by the secretary of the board and proof of the publication and mailing of the notice shall be filed with the secretary. The board may provide a form to be substantially followed in the giving of the notice. After the hearing, the board shall made a preliminary determination as to the sufficiency of the petition, the necessity and practicability of the project, whether the project should be undertaken, the public corporations to be assessed, and shall issue a preliminary order accordingly. The order shall be known as the preliminary order of determination. A public corporation shall not be eliminated from, or added to, those tentatively determined to be assessed without a rehearing after notice, except as provided in section 559.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1978, Act 235, Imd. Eff. June 15, 1978
Compiler's Notes:
In the third sentence from the end of this section, “the board shall made” evidently should read “the board shall make.”
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-22. - Chapter 22. Water Management Districts and Subdistricts (280.551...280.583) › Section 280.559 - Assessment; Basis.

280.559 Assessment; basis.
Sec. 559.
Any assessment of any nature or kind determined or made under the provisions of this chapter shall be based upon benefits to the public corporation assessed and upon the extent to which such public corporation contributes to the conditions which make a project necessary: Provided, That assessments against the state shall be based solely upon the drainage or prevention of flooding of state highways, and those against the county shall be based solely upon the drainage or prevention of flooding of its county highways. This rule shall govern the director of agriculture, the commission, the board, drain commissioners and any other person in any action relating to determining public corporations to be assessed and in the making of assessments.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-22. - Chapter 22. Water Management Districts and Subdistricts (280.551...280.583) › Section 280.560 - Preliminary Plans; Approval; Detailed Plans, Contents, Approval; Official Plans, Filing.

280.560 Preliminary plans; approval; detailed plans, contents, approval; official plans, filing.
Sec. 560.
The board shall secure the approval of the Michigan water resources commission of the preliminary plans for the project, as soon as may be reasonably possible, and before procuring detailed plans. After approval by the water resources commission of the preliminary plans and after the board has made its preliminary order of determination, the board shall secure detailed plans for the project from a competent engineer and such other qualified personnel as are necessary. The detailed plans shall include detailed plans and specifications of the project and an estimate of costs of the project. The detailed plans shall be submitted to the water resources commission for its approval, and no construction shall be undertaken until the detailed plans are approved. The board shall also submit the detailed plans to the water management commission for approval before any construction of the project is undertaken. The commission shall review the plans and either adopt them or recommend revisions. Revisions recommended by the commission shall be submitted by the board to the water resources commission for approval as hereinbefore provided. When the detailed plans have been approved by both the water management commission and water resources commission, they shall be known as the "official plans" and shall be filed with the secretary of the board. In approving the plans, the commission shall not be limited to matters described in the petition.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-22. - Chapter 22. Water Management Districts and Subdistricts (280.551...280.583) › Section 280.561 - Tentative Percentage of Cost for Assessment; Apportionment.

280.561 Tentative percentage of cost for assessment; apportionment.
Sec. 561.
After adoption of the official plans, the commission shall proceed to tentatively establish the percentage of cost of the project to be assessed against public corporations within each county within the district, and against the state and counties on account of drainage and prevention of flooding of state and county highways. The percentage of cost so apportioned to public corporations in each county shall then be apportioned by the commission among public corporations to be assessed in such county, which determination shall be filed with the secretary of the board.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-22. - Chapter 22. Water Management Districts and Subdistricts (280.551...280.583) › Section 280.562 - Hearing of Objections to Tentative Apportionments of Costs; Notice of Hearing; Report; Confirmation or Readjustment of Apportionment.

280.562 Hearing of objections to tentative apportionments of costs; notice of hearing; report; confirmation or readjustment of apportionment.
Sec. 562.
After the tentative apportionments of costs have been made, the board shall set a time, date, and place it will meet and hear objections to the apportionments. Notice of the hearing shall be published twice in each county involved by inserting the notice in at least 1 newspaper designated by the board and published in the county. The first publication is to be not less than 20 days before the time of hearing. The notice shall also be sent by registered mail to the clerk or secretary of each public corporation proposed to be assessed, except that a notice to the state shall be sent to the state highway director and the director of the department of natural resources and a notice to a county shall be sent both to the county clerk and the county road commission. The mailing shall be made not less than 20 days before the time of the hearing. The notice shall be signed by the secretary and proof of the publication and mailing of the notice shall be filed with the secretary. The board may provide a form to be substantially followed in the giving of the notice. The notice shall include tentative apportionments to the several public corporations. After the hearing, the board shall make a written report of its findings on the apportionments to the commission, which may either confirm the apportionments as tentatively made or may recommend readjustments of any apportionments considered inequitable.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1978, Act 235, Imd. Eff. June 15, 1978
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-22. - Chapter 22. Water Management Districts and Subdistricts (280.551...280.583) › Section 280.563 - Water Management Commission; Review of Board's Apportionment; Final Order of Apportionment; Annual Meeting; Work Plan, Advisory Committees.

280.563 Water management commission; review of board's apportionment; final order of apportionment; annual meeting; work plan, advisory committees.
Sec. 563.
The commission shall meet for the purpose of considering the apportionments and report made by the board. The commission may readjust the apportionments: Provided, That before any readjusted apportionments shall be confirmed, the commission shall set a time and a place for rehearing and shall give notice thereof and hold a hearing thereon, as provided in section 562, which notice shall also set forth the apportionments as readjusted. The commission shall then issue its order setting forth the several apportionments as confirmed, which order shall be known as the "final order of apportionment". All further action with respect to the project shall be taken by the board: Provided, That the commission may be reconvened at the call of its chairman, any 2 members thereof, or at the request of the board for the purpose of making any correction or addition to its proceedings within the scope of its powers: And provided further, That the commission shall meet at least once annually. At its annual meeting the commission shall elect a member of the board, approve assessments for operation and maintenance, approve a work plan for the district for the ensuing year, and conduct such other business as is within its powers under the provisions of this act. The commission may appoint such advisory committees as it deems necessary.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-22. - Chapter 22. Water Management Districts and Subdistricts (280.551...280.583) › Section 280.564 - Lands and Rights of Way; Condemnation, Procedure, Federal Governmental Participation; Costs.

280.564 Lands and rights of way; condemnation, procedure, federal governmental participation; costs.
Sec. 564.
The board shall then proceed to secure the necessary lands and/or rights of way for the proposed project. If the same cannot be secured by negotiation, then the board may proceed under the provisions of Act No. 149 of the Public Acts of 1911, as amended, being sections 213.21 to 213.41, inclusive, of the Compiled Laws of 1948, and shall be deemed to be a "state agency" as that term is used in said act, or if the project is one in which the federal government is participating in any manner, then such lands and/or rights of way may be acquired through proceedings brought by the federal government under any appropriate federal act: Provided, That no condemnation proceeding under this act shall be instituted until the board has first given written notice by registered mail to the highway agencies having jurisdiction over any highway, road or street affected by the lands or rights of way to be acquired by such condemnation proceeding. In event that lands and/or rights of way shall be acquired through proceedings under a federal act, then the amount of the awards in such proceeding shall be deemed to be a part of the cost of the project to the same extent as if the condemnation proceedings had been taken under the laws of this state.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-22. - Chapter 22. Water Management Districts and Subdistricts (280.551...280.583) › Section 280.565 - Contracts With Federal Government or Corporations; Bids.

280.565 Contracts with federal government or corporations; bids.
Sec. 565.
The board may contract with the federal government (which term as used in this section shall include any agency thereof) whereby the federal government will pay the whole or any part of the cost of the project and/or will perform the whole or any part of the work connected therewith, which contract may include any specific terms required by act of congress or federal regulation as a condition for such participation on the part of the federal government. The board may also contract with any private corporation or with any public corporation (which term as used in this section shall include any agency thereof) in respect to any matter connected with the construction and/or maintenance of any project. Such a contract may provide that any payments made or work done by such a public corporation shall relieve it in whole or in part from assessment for the cost of the project. No construction work shall be undertaken until the board has advertised for and received bids for the performance of such work and a contract let to the lowest responsible bidder: Provided, That this provision shall not apply to work to be performed by the federal government or a public corporation.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40