Michigan Compiled Laws 40-1956-20. Chapter 20. Intracounty Drains; Public Corporations. (280.461...280.499)

• Section 280.461 Definitions.
  Whenever used in this chapter, except when otherwise indicated by the context: (a) “State” means this state. (b) “Public corporation” includes this state, counties,...
• Section 280.462 County Drains; Public Health, Assessment Against Public Corporations.
  County drains which are necessary for the public health may be located, established and constructed under the provisions of this chapter where the cost...
• Section 280.463 Petition To Locate, Establish, And Construct County Drain; Determination; Filing And Contents Of Petition; Notice; Certified Copy Of Resolution; Authorizing Execution; Order Of Determination.
  (1) Before filing a petition under this section, the legislative body of a public corporation shall first determine whether the drain project contemplated may...
• Section 280.464 Drainage Board; Creation; Members; Disqualification; Compensation, Mileage, And Expenses; County Drain Commissioner As Chairperson; Minutes, Records, And Files; Requirements For Substantive Actions And Determinations.
  (1) There is created for each project petitioned for under this chapter, a drainage board that, except as otherwise provided in subsection (2), shall...
• Section 280.465 Meeting Of Drainage Board; Notice; Affidavit Of Mailing; Quorum; Adjournment; Action By Board; Signing Of Orders.
  A meeting of the drainage board may be called by the chairperson or 2 members of the board, on notice sent by registered mail...
• Section 280.466 Drainage Board; First Meeting, Notice.
  Upon receipt of a petition as hereinbefore provided, the county drain commissioner shall call the first meeting of the drainage board. In the event...
• Section 280.467 Drainage Board; Tentative Determinations; Naming Drain And Drainage District; Composition Of District; Objections; Notice Of Hearing; Final Order Of Determination; Eliminating Or Adding Public Corporation.
  The drainage board, at its first meeting, shall consider the petition for the project and make a tentative determination as to the sufficiency of...
• Section 280.468 Plans, Specifications, And Estimate Of Cost; Approval, Adoption, And Filing; Route Of Drain; Apportionment Of Costs; Designation Of Area To Be Served; Assumption Of Additional Cost; Altering And Supplementing Proceedings.
  The drainage board shall secure from a competent engineer, plans, specifications, and an estimate of cost of the proposed drain, which, when approved and...
• Section 280.469 Objections To Apportionments; Notice Of Hearing; Confirmation Or Readjustment Of Apportionments; Notice Of Rehearing; Final Order Of Apportionment.
  After the tentative apportionments of cost have been made, the drainage board shall set a time, date, and place it will meet and hear...
• Section 280.470 Drainage Board; Lands And Rights Of Way, Condemnation; Procedure, Federal Government Participation; Costs.
  The drainage board shall then proceed to secure the necessary lands or rights of way for the proposed drain. If the same cannot be...
• Section 280.471 Drainage Board; Contracts With Federal Government Or Corporations; Bids.
  The drainage board may contract with the federal government, which term as used in this section shall include any agency thereof, whereby the federal...
• Section 280.472 Funds; County Treasurer, Deputies; Bonds; Expenditures.
  The county treasurer shall be the custodian of the funds of the drainage district. He may designate 1 or more of his deputies who...
• Section 280.473 Special Assessment Roll; Preparation; Estimated Or Actual Costs; Annual Installments; Interest; Advance Payment; Altering And Supplementing Proceedings.
  After the confirmation of the apportionments by the drainage board, the chairman of the board shall prepare a special assessment roll assessing the estimated...
• Section 280.474 Special Assessment Roll; Contents; Approval; Statement; Certification To Assessed Public Corporation; Installments And Interest; Advances From County Funds; Notice; Deduction; Reimbursement; Assessments Against State; Sufficiency Of Taxes; Spreading Levy On County Tax Roll; Corrected Or Supplemental Roll; Altering And Supplementing Proceedings.
  The special assessment roll shall contain the name of each public corporation assessed, the total estimated cost of the project, or actual cost if...
• Section 280.475 Statutory Or Charter Tax Limitations Inapplicable; Rate Or Amount Of Taxes.
  Taxes levied by a public corporation for the payment of assessments hereunder shall not be deemed to be within any statutory or charter tax...
• Section 280.476 Bonds; Issuance, Maturity, Signatures; Collection Of Assessments.
  The drainage board may issue 1 or more series of bonds for and on behalf of the drainage district, in anticipation of the collection...
• Section 280.477 Additional Assessment; Apportionment.
  If, for any reason, the original assessments shall not be sufficient to pay the principal and interest on bonds issued in anticipation of the...
• Section 280.478 Drainage Board; Continuation; Responsibility; Expenses; Relinquishment; Moneys, Disposition, Consent.
  The drainage board for each project shall continue in existence with such changes in personnel as shall result from changes in the officers constituting...
• Section 280.479 Advancements By Corporations; Reimbursement.
  Any public or private corporation, firm, or individual may advance money for the payment of any part of the cost of a project under...
• Section 280.480 Costs; Items.
  The cost of any drain project shall include (1) the cost of constructing or acquiring the facilities, structures, devices and equipment required to locate,...
• Section 280.481 Assessments Against Townships And Villages.
  Unless otherwise provided by the drainage board, assessments against a township shall be against the township as a whole, including any incorporated village, but...
• Section 280.482 Improvements Or Additions To Drains For Public Health.
  Any 1 or more county drains or any portion thereof, now or hereafter existing, may be cleaned out, relocated, widened, deepened, straightened, extended, tiled,...
• Section 280.483 Certiorari; Time; Legal Establishment Of Drain.
  Neither the final order of determination nor the final order of apportionment shall be subject to attack in any court, except by proceedings in...
• Section 280.484 Procedures; Incorporation Of Other Chapters In Drainage Board Orders.
  In operating under the terms of this chapter, the several boards and officials shall not be limited by the provisions contained in other chapters...
• Section 280.485 Relief Drains.
  When 2 or more public corporations, constituting as a whole contiguous territory, are served by 1 or more county drains, and it shall become...
• Section 280.486 Drains To Which Chapter Applicable; Sufficiency Of Petition.
  This chapter shall be applicable (1) to any county drain located, or proposed to be located, entirely within the limits of a single city,...
• Section 280.487 Drainage Board; Absence Of Members, Deputies, Vice-chairman.
  Any drain commissioner may act under this chapter or under chapter 21, being sections 511 to 537, inclusive, of this act, by his deputy,...
• Section 280.488 Additional Grant Of Power; Prior Projects.
  The provisions of this chapter shall be construed as an additional grant of power to that prescribed by other statutory provisions. Projects completed prior...
• Section 280.489 New Cities; Service Of Notice On Township Clerks Or De Facto City Officer.
  Whenever a new city has been or shall be incorporated but such incorporation shall not have been completed by the adoption of a city...
• Section 280.489a Land Especially Benefited By Drain Project; Duties Of Legislative Body; Affidavit As Conclusive Proof Of Notice; Meeting; Powers Of Legislative Body; Reimbursement For Pro Rata Share Of Costs.
  (1) If the legislative body of a public corporation, which is subject to assessment under this chapter pursuant to apportionments made under this chapter,...
• Section 280.490 Land Especially Benefited By Drain Project; Special Assessment; Resolution; Preparation Of Special Assessment Roll; Conduct Of Proceedings; Objections; Hearing In Lieu Of Meeting; Use Of Special Assessment Collections; Reduction Of Annual Levy; Charges.
  (1) Subject to the requirements of section 489a, if the legislative body of a public corporation, which has been assessed under this chapter, determines...
• Section 280.491 River, Creek Or Watercourse; Petition For Inclusion Within Jurisdiction.
  A petition meeting the requirements of this chapter as to petitioners, execution and filing may request, for reasons of public health, that jurisdiction be...
• Section 280.492 Petition; Content, Deposit To Pay Cost; Drainage Board Hearing And Notice.
  The petitioners named in a petition filed pursuant to section 491, shall include therein an agreement to pay the amount of, or shall accompany...
• Section 280.493 Final Order Of Determination; Contents, Recording, Effect.
  After the hearing, the drainage board shall determine whether or not it will assume jurisdiction and perform the work proposed, if any, and shall...
• Section 280.494 Final Order Of Determination; Recording Effect On Private Rights.
  The recording of the description does not appropriate, terminate or lessen any private rights in property, real or personal, except such as shall be...
• Section 280.495 Assessment Of Cost; Hearing; Powers.
  Before any work, other than preparation of the description and the approval, adoption and recording of the same, is done or rights in or...
• Section 280.496 Drainage Board Funds; Investment Of Surplus, Interest.
  The drainage board may direct the treasurer of any drainage district to invest any surplus funds belonging to and under the control of the...
• 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.
  (1) The drainage board shall use any surplus construction funds remaining in the construction fund after completion of the project for the inspection, repair,...
• Section 280.498 Pollution In County Drain; Abatement; Petition.
  Whenever the water resources commission or successor agency has determined that pollution exists in a county drain which services any city, village or township...
• 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.
  (1) After the construction of a county drain for which none of the financing is obtained through special assessments under section 490, the drainage...

Last modified: October 10, 2016