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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.485 - Relief Drains.

280.485 Relief drains.
Sec. 485.
When 2 or more public corporations, constituting as a whole contiguous territory, are served by 1 or more county drains, and it shall become 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 482 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:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- 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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.486 - Drains to Which Chapter Applicable; Sufficiency of Petition.

280.486 Drains to which chapter applicable; sufficiency of petition.
Sec. 486.
This chapter shall be applicable (1) to any county drain located, or proposed to be located, entirely within the limits of a single city, village or township; (2) to any county drain located in more than 1 city, village or township but which serves or will serve only an area located entirely within the limits of a single city, village or township so that no other city, village or township will be subject to assessment to pay the cost thereof; or (3) to several drains, including drains located, established and constructed by a county drain commissioner or drainage board, by a city, village or township, whether or not the several drains are interconnected, which several drains serve only areas located entirely within the limits of a single city, village or township, if the city, village or township shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such city, village or township only.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1967, Act 214, Imd. Eff. July 10, 1967 ;-- 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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.487 - Drainage Board; Absence of Members, Deputies, Vice-Chairman.

280.487 Drainage board; absence of members, deputies, vice-chairman.
Sec. 487.
Any drain commissioner may act under this chapter or under chapter 21, being sections 511 to 537, inclusive, of this act, by his deputy, under any and all circumstances. The vice-chairman or chairman pro tem of a county board of supervisors, or the vice-chairman of a board of county auditors or of a finance committee of a county board of supervisors, may act in lieu of the chairman of such board or committee, in event of the absence of such chairman from a meeting of the drainage 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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.488 - Additional Grant of Power; Prior Projects.

280.488 Additional grant of power; prior projects.
Sec. 488.
The provisions of this chapter shall be construed as an additional grant of power to that prescribed by other statutory provisions.
Projects completed prior to November 21, 1951, shall not be financed 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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.489 - New Cities; Service of Notice on Township Clerks or De Facto City Officer.

280.489 New cities; service of notice on township clerks or de facto city officer.
Sec. 489.
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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.491 - River, Creek or Watercourse; Petition for Inclusion Within Jurisdiction.

280.491 River, creek or watercourse; petition for inclusion within jurisdiction.
Sec. 491.
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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.492 - Petition; Content, Deposit to Pay Cost; Drainage Board Hearing and Notice.

280.492 Petition; content, deposit to pay cost; drainage board hearing and notice.
Sec. 492.
The petitioners named in a petition filed pursuant to section 491, 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 the filing of the petition with the agreement or deposit to pay costs, the initial actions and tentative determinations shall be taken and made with respect thereto as described in sections 466 and 467, and such description shall be obtained and approved and adopted by the 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. Notice of the hearing shall contain the description as approved and adopted 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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.493 - Final Order of Determination; Contents, Recording, Effect.

280.493 Final order of determination; contents, recording, effect.
Sec. 493.
After the hearing, the drainage board shall determine whether or not it will assume 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 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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.494 - Final Order of Determination; Recording Effect on Private Rights.

280.494 Final order of determination; recording effect on private rights.
Sec. 494.
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 part 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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.495 - Assessment of Cost; Hearing; Powers.

280.495 Assessment of cost; hearing; powers.
Sec. 495.
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 is acquired by the drainage board, pursuant to a petition filed under section 491, the 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 492, as to the public corporations to be assessed for the cost of the work or acquisition. After the hearing and the determination to proceed with the 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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.496 - Drainage Board Funds; Investment of Surplus, Interest.

280.496 Drainage board funds; investment of surplus, interest.
Sec. 496.
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 shall be 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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.497 - Use or Transfer of Surplus Construction Funds; Contract With Public Corporation; Provisions of Contract; Return of Surplus Construction Funds to State Transportation Department; Application of MCL 280.499; Definition.

280.497 Use or transfer of surplus construction funds; contract with public corporation; provisions of contract; return of surplus construction funds to state transportation department; application of MCL 280.499; definition.
Sec. 497.
(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 any public corporation if that public corporation has been assessed for all or part of the cost of the drain or if land in any 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 is 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 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 499 to surplus construction funds in place of this section.
(5) As used in this section and section 499, "public corporation" includes a city, village, township, or county, or the state.
History:
Add. 1970, Act 144, Imd. Eff. Aug. 1, 1970 ;-- Am. 1984, Act 165, Imd. Eff. June 28, 1984 ;-- 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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.498 - Pollution in County Drain; Abatement; Petition.

280.498 Pollution in county drain; abatement; petition.
Sec. 498.
Whenever the water resources commission or successor agency has determined that pollution exists in a 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 463 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) › 40-1956-20. - Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499) › Section 280.499 - Providing Amount From Surplus Construction Funds to Inspect, Repair, and Maintain Drain; Apportioning Balance of Surplus Construction Funds to Credit of Public Corporations; Use of Funds.

280.499 Providing amount from surplus construction funds to inspect, repair, and maintain drain; apportioning balance of surplus construction funds to credit of public corporations; use of funds.
Sec. 499.
(1) After the construction of a county drain for which none of the financing is obtained through special assessments under section 490, 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. 1984, Act 165, Imd. Eff. June 28, 1984 ;-- 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 280.511 - Definitions.

280.511 Definitions.
Sec. 511.
Whenever used in this chapter, except when otherwise indicated by the context:
(a) "State" means this state.
(b) "Public corporation" includes this state, counties, cities, villages, townships, metropolitan districts and authorities created by or pursuant to state statutes.
(c) "Agencies" includes those officers, boards, commissions and other bodies created by public corporations or by the federal government, which are authorized to act in their own names.
(d) "Director of agriculture" means the director of the state department of agriculture.
(e) "Intercounty drain" means any drain, irrespective of size, carrying drainage water or sewage originating in more than 1 county, and includes drains located, established and constructed by a county drain commissioner or drainage board, by a city, village or township.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- 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 280.512 - Public Health; Assessment Against Public Corporations.

280.512 Public health; assessment against public corporations.
Sec. 512.
Intercounty drains which are necessary for the public health may be located, established and constructed under the provisions of this chapter where the cost thereof is to be assessed wholly against public corporations.
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 280.513 - Petition to Locate, Establish, and Construct Intercounty Drain; Determination; Filing and Contents of Petition; Notice; Certified Copy of Resolution; Authorizing Execution; Order of Determination.

280.513 Petition to locate, establish, and construct intercounty drain; determination; filing and contents of petition; notice; certified copy of resolution; authorizing execution; order of determination.
Sec. 513.
(1) Before filing a petition under this section, the legislative body of a public corporation shall first determine whether the drain project contemplated may necessitate the levy of a special assessment, fee, or charge under section 539. If the legislative body determines that a special assessment, fee, or charge may be made under section 539, before filing a petition under this section, the legislative body shall proceed as prescribed in section 538a.
(2) If it is necessary for the public health to locate, establish, and construct an intercounty drain, a petition for that purpose may be filed with the director of the department of agriculture signed by 2 or more public corporations which will be subject to assessments to pay the cost of the drain. The petition shall state that it is filed pursuant to this chapter and shall describe the location and route of the proposed drain sufficiently to determine with reasonable certainty the areas to be serviced by the drain.
(3) Not more than 20 days after the petition is filed, the director of the department of agriculture shall notify all public corporations in which any of the areas to be drained are located, as described in the petition, that a petition has been filed which may affect drainage in the public corporation.
(4) A certified copy of the resolution of the governing body of each signer authorizing the affixing of the signature of the governing body to the petition shall be attached to the petition. The petition may be filed in more than 1 counterpart. For a petition filed by a county, the county board of commissioners shall authorize the execution, and for a petition filed by the state, the state transportation commission shall authorize the execution of the petition. As provided in section 423, an order of determination of the water resources commission shall also serve as a petition made pursuant to this chapter.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1968, Act 333, Imd. Eff. July 14, 1968 ;-- Am. 1973, Act 208, Imd. Eff. Jan. 11, 1974 ;-- Am. 1979, Act 135, Eff. Mar. 27, 1980
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 280.514 - Drainage Board; Membership; Chairperson; Appointee; Exception.

280.514 Drainage board; membership; chairperson; appointee; exception.
Sec. 514.
(1) A drainage board is created for each project petitioned for under this chapter. Except as otherwise provided in subsection (3), the drainage board shall consist of the director of the department of agriculture and the drain commissioner of each county involved in the project.
(2) The director of the department of agriculture shall be the chairperson of the drainage board. The drainage board shall select 1 of its members as secretary.
(3) If a project involves a county with an appointed rather than an elected drain commissioner and a population of more than 1,000,000, the drainage board shall consist of the director of the department of agriculture, the drain commissioner of each county involved in the project, and an individual appointed by each drain commissioner of each county involved in the project, including a county with an elected drain commissioner. The appointee shall be an elected official, or his or her designee, of a city, village, or township subject to assessment for the project. The appointee shall serve for a 2-year term and shall not be appointed for successive terms unless the city, village, or township that he or she represents is the only municipality in the county subject to assessment. Following the completion of the 2-year term, the drain commissioner shall, if possible, appoint an elected official, or his or her designee, from a different city, village, or township subject to assessment for the project. If an appointee fails or refuses to serve or is disqualified, the drain commissioner shall appoint a successor to complete the remainder of his or her term.
(4) Subsection (3) does not apply to a project that involves a county with a population of more than 1,000,000 which was organized pursuant to 1973 PA 139, MCL 45.551 to 45.573.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2006, Act 16, Imd. Eff. Feb. 9, 2006
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 280.515 - Augmented Drainage Board; Members, Compensation; Expenses.

280.515 Augmented drainage board; members, compensation; expenses.
Sec. 515.
There is created for each project petitioned for under the provisions of this chapter, an augmented drainage board to consist of the members of the drainage board together with the chairman of the board of supervisors and the chairman of the board of county auditors of each county involved. If there is no board of county auditors in any county, then the chairman of the finance committee of the board of supervisors shall act as a member of the augmented drainage board, and if there is neither a board of county auditors nor finance committee, then the chairman of the board of supervisors shall select 1 member of the board of supervisors of his county to act as a member of the augmented drainage board. The chairman and secretary of the drainage board shall act as chairman and secretary, respectively, of the augmented drainage board. The chairman of the board of supervisors and any member of a board of supervisors serving on the augmented drainage board shall receive such compensation, mileage and expenses as shall be provided by the augmented drainage board except that such compensation shall not exceed $25.00 per diem exclusive of mileage and expenses for attendance at augmented drainage board meetings.
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) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.516 - Minutes of Meetings; Secretary's Duties, Records, Filing.

280.516 Minutes of meetings; secretary's duties, records, filing.
Sec. 516.
The secretary of the drainage board shall prepare and sign duplicate originals of the minutes of all proceedings of the drainage board and the augmented drainage board, one to be retained by him and the other to be filed with the director of agriculture. The originals of all proceedings and records of the drainage board and the augmented drainage board shall be kept on file with the secretary until the completion of the project, at which time they shall be forwarded to the director of agriculture for filing in his office. In the meantime the director of agriculture may require the secretary to furnish him with certified copies of records in the office of the secretary for filing in his office and such certified copies so filed shall have the same force and effect as the originals.
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 280.517 - Preliminary Finding; First Meeting of Boards, Time and Place, Notice, Selection of Secretary.

280.517 Preliminary finding; first meeting of boards, time and place, notice, selection of secretary.
Sec. 517.
Upon receipt of a petition as hereinbefore provided, the director of agriculture 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 for the cost of the proposed drain. Upon the making of such preliminary finding, the director of agriculture shall give notice of the time and place of the first meeting of the drainage board and of the first meeting of the augmented drainage board, by sending a copy of such notice and of such preliminary finding by registered mail to each member thereof, and to each highway agency having jurisdiction over any highway, road and street in said district, which notice and finding shall be mailed not less than 10 days prior to the time of the meeting. In the event there be no board of county auditors or finance committee in any county involved, then notice to the chairman of the board of supervisors of such county shall be deemed to be notice to the member of the board of supervisors to be selected by him. The drainage board shall meet first, for the purpose of selecting a secretary. Upon the selection of a secretary, the director of agriculture shall turn over to such secretary the original petition and any other records in his office pertaining to the proposed drain.
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 280.518 - Meetings of Drainage Board or Augmented Drainage Board; Notice; Quorum; Action by Board; Signing of Orders.

280.518 Meetings of drainage board or augmented drainage board; notice; quorum; action by board; signing of orders.
Sec. 518.
Meetings of the drainage board, or of the augmented drainage board, may be called by the chairperson or 2 members of the board, on 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 of the board 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 herein, an action shall not be taken by either of the boards except by a majority vote of its members. All orders issued by either the drainage board, or the augmented drainage board, shall be signed by the chairperson and secretary.
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) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.521 - Objections to Apportionments; Notice of Hearing; Confirmation or Readjustment of Apportionments; Notice of Rehearing; Final Order of Apportionment.

280.521 Objections to apportionments; notice of hearing; confirmation or readjustment of apportionments; notice of rehearing; final order of apportionment.
Sec. 521.
After the tentative apportionments of cost have been made, the drainage 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 published in the county, designated by the drainage board. 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 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 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 drainage 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 drainage board may confirm the apportionments as tentatively made, or, if it considers the apportionments to be inequitable, it shall readjust the apportionments. Before readjusted apportionments are confirmed, the drainage board shall set a time, date, and place for a rehearing and shall give notice of the hearing. The notice shall also set forth the apportionments as readjusted. It shall then issue its order setting forth the several apportionments as confirmed. The order shall be known as the final order of apportionment.
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) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.522 - Lands and Rights of Way; Condemnation; Procedure, Federal Government Participation; Prior Agreement as to Highways; Costs.

280.522 Lands and rights of way; condemnation; procedure, federal government participation; prior agreement as to highways; costs.
Sec. 522.
The drainage board shall then proceed to secure the necessary lands or rights of way for the proposed drain. If the same cannot be secured by negotiation, then the drainage 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 of the Compiled Laws of 1948, or under the applicable provisions of sections 75 to 84 of this act, 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 or rights of way may be acquired through proceedings brought by the federal government under any appropriate federal act. No such condemnation proceedings involving highways shall be effective to take title thereto without a prior agreement with the highway agency involved. In the event that lands or rights of way shall be acquired through proceedings under a federal act, then the amount of the awards in such proceedings shall be deemed to be a part of the cost of the drain 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 ;-- Am. 1961, Act 154, Imd. Eff. June 1, 1961
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 280.523 - Contracts With Federal Government or Corporations; Bids.

280.523 Contracts with federal government or corporations; bids.
Sec. 523.
The drainage 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 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 drainage 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, operation, maintenance, use or services of any drain. Such a contract may provide for service or transportation charges and that any payments made or work done by such a corporation shall relieve it in whole or in part from assessment for the cost of the drain or of its maintenance and operation. No construction work shall be undertaken until the drainage board has advertised for and received bids for the performance of such work, except for construction work to be performed by the federal government or a public corporation.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- 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 280.524 - Designation of a County Treasurer; Deputies, Bonds; Expenditures.

280.524 Designation of a county treasurer; deputies, bonds; expenditures.
Sec. 524.
The drainage board shall designate the treasurer of 1 of the counties involved as the treasurer for said board. He may designate 1 or more of his deputies who may act for him in the performance of any of his duties under this section. Such treasurer and any such deputy shall serve without additional compensation. He and each deputy county treasurer so designated shall furnish a bond in such sum as shall be fixed by the drainage board, conditioned upon the faithful discharge of his duties, the premium thereon to be paid by the drainage board. Moneys held by the treasurer shall be paid out only upon order of the drainage board, except that no such order shall be required for the payment of principal and interest on bonds.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1961, Act 46, Imd. Eff. May 20, 1961
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 280.525 - Special Assessment Roll; Preparation; Estimated or Actual Costs; Annual Installments; Interest; Advance Payment; Spreading Levy on County Tax Roll; Altering or Supplementing Proceedings.

280.525 Special assessment roll; preparation; estimated or actual costs; annual installments; interest; advance payment; spreading levy on county tax roll; altering or supplementing proceedings.
Sec. 525.
After the confirmation of the apportionments by the drainage board, the secretary of the board shall prepare a special assessment roll assessing the estimated cost of the drain, or if the actual cost has been ascertained, then the actual cost, against the several public corporations in accordance with the confirmed apportionments. The drainage board may provide for the payment of the special assessments in any number of annual installments, not exceeding 30, but an installment shall not be less than 1/4 of any subsequent installment. Installments of assessments against the state and against public corporations which collect their taxes beginning approximately December 1 in each year shall become due and payable on or before April 1 of each year. Installments of assessments against other public corporations shall become due and payable on or before the dates as shall be fixed by the drainage board, depending upon the times of the collection of taxes by the public corporations. The drainage board shall fix the commencement date of interest to be paid upon unpaid installments, not to exceed an amount sufficient to pay interest on bonds or other evidences of indebtedness issued or to be issued by the drainage district, which interest shall become due annually on the day and month upon which the annual installments become due but may become due in years before the due date of the first installment. The drainage board may provide for the payment of installments in advance of their respective due dates and may prescribe the terms and conditions of payment. The drainage board shall fix the date, not later than 4 years after confirmation for the payment of the first installment so that each public corporation can make a tax levy for the payment thereof and subsequent installments shall become due annually on the same day and month of subsequent years. A city or village may elect to spread the tax levy upon the county tax roll instead of the city or village tax roll. When chapter 25 is employed in the apportionment of costs, the above proceedings shall be altered and supplemented as provided in chapter 25.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1957, Act 37, Imd. Eff. May 14, 1957 ;-- Am. 1963, Act 215, Imd. Eff. May 17, 1963 ;-- Am. 1973, Act 208, Imd. Eff. Jan. 11, 1974 ;-- Am. 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) › 40-1956-21. - Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549) › Section 280.527 - Statutory or Charter Tax Limitation Inapplicable; Rate or Amount of Taxes.

280.527 Statutory or charter tax limitation inapplicable; rate or amount of taxes.
Sec. 527.
Taxes levied by a public corporation for the payment of assessments hereunder shall not be deemed to be within any statutory or charter tax limitation. Public corporations may impose taxes without limitation as to rate or amount for the payment of the assessments in anticipation of which bonds are issued, which taxes shall be in addition to any taxes that the public corporation may otherwise be authorized to levy but not more than the rate or amount sufficient therefor.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1959, Act 77, Imd. Eff. June 29, 1959 ;-- Am. 1973, Act 208, Imd. Eff. Jan. 11, 1974
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 280.528 - Bonds; Issuance; Maturity; Mandatory Redemption; Signatures; Collection of Assessments.

280.528 Bonds; issuance; maturity; mandatory redemption; signatures; collection of assessments.
Sec. 528.
The drainage board may issue 1 or more series of bonds for and on behalf of the drainage district, in anticipation of the collection of any or all installments of assessments, and pledge the full faith and credit of the drainage district for the prompt payment of the principal of and interest on the bonds. The bonds shall mature or be subject to mandatory redemption with the last maturity not later than 2 1/2 years after the due date of the last installment of the assessments and there may be more than 1 principal maturity or mandatory redemption date during any 12-month period. The bonds shall be signed by the chairperson and secretary of the drainage board, who shall cause their facsimile signatures to be affixed to the interest coupons attached thereto. Collections of both principal and interest on all installments of assessments in anticipation of which bonds shall have been issued shall be kept in a separate bank account by the treasurer for the drainage board and used for no other purpose than the payment of principal and interest on the bonds until the full payment of the principal and interest on the bonds.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1963, Act 215, Imd. Eff. May 17, 1963 ;-- Am. 2016, Act 27, Imd. Eff. Mar. 1, 2016
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 280.529 - Additional Assessment; Apportionment.

280.529 Additional assessment; apportionment.
Sec. 529.
If for any reason the original assessments shall not be sufficient to pay the principal and interest on bonds issued in anticipation of the collection thereof, then the drainage board shall make such additional assessments therefor as may be necessary, apportioned as in the first instance, it being the intention hereof that the collections on assessments shall under all circumstances be sufficient to pay said principal and interest.
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 280.531 - Advances by Corporations; Reimbursement.

280.531 Advances by corporations; reimbursement.
Sec. 531.
Any public or private corporation, firm, or individual may advance money for the payment of any part of the cost of a project under this act, in which event it shall be reimbursed by the drainage district, with or without interest as may be agreed, when funds are available. The obligation of the drainage district to make the reimbursement may be evidenced by a contract or note, which contract or note may pledge the full faith and credit of the drainage district and may be made payable out of the assessments made against public corporations or out of the proceeds of drain orders or bonds issued by the drainage district pursuant to this act or out of any other available funds, but the contract or note is not subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1963, Act 215, Imd. Eff. May 17, 1963 ;-- Am. 2002, Act 406, Imd. Eff. June 3, 2002
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 280.532 - Venue of Actions; Appointment of Circuit Judge.

280.532 Venue of actions; appointment of circuit judge.
Sec. 532.
Any action arising from the provisions of this chapter except such actions as may be brought directly in the supreme court may be brought in the circuit court of any county in which any part of the intercounty drain involved is located: Provided, That on request by any party to said action made prior to the time said action is instituted, or within 30 days after receipt of service of process, the presiding circuit judge of Michigan shall appoint a circuit judge to hear said action.
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 280.533 - Costs; Items.

280.533 Costs; items.
Sec. 533.
The cost of any drain project shall include (1) the cost of constructing or acquiring the facilities, structures, devices and equipment required to locate, establish and construct the drain or to improve or supplement the same, including bridges and culverts and any lands or rights of way necessary thereto; (2) the administrative and other expenses of the drainage board and augmented drainage board including the cost of service and publication of all notices; (3) all engineering, legal and other professional fees; (4) interest on bonds for the first year, if bonds are to be issued, and interest on moneys advanced pursuant to section 531; and (5) an amount not exceeding 10% of the gross sum to cover contingent expenses.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1963, Act 215, Imd. Eff. May 17, 1963
Popular Name:
Act 40