Bill Text: MI HB5278 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Drains; financing; incomplete drain improvement; specify types of costs that can be apportioned. Amends secs. 306 & 307 of 1956 PA 40 (MCL 280.306 & 280.307).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-05-11 - Assigned Pa 115'16 With Immediate Effect [HB5278 Detail]
Download: Michigan-2015-HB5278-Introduced.html
HOUSE BILL No. 5278
January 28, 2016, Introduced by Rep. Glardon and referred to the Committee on Local Government.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 306 and 307 (MCL 280.306 and 280.307).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
306. Whenever If revolving fund moneys have money has
been
expended or a drainage district has become is obligated
to pay
expenses
for engineering, legal, and or
administrative services or
to pay principal and interest on notes, by action of the drain
commissioner, or
drainage board and no and if
an improvement has
not
been completed subsequent to after the
drain commissioner's
order
designating a county drainage district, or the entry
of the
first
order of determination as prescribed in under section 72,
where
an intracounty drain is involved, or
the filing of a
petition, if a petition has been filed, whichever is later, the
drain
commissioner of such county which has expended such revolving
fund
moneys may report such this fact
to the county board of
supervisors.
commissioners. If no an improvement has not been
completed
within a period of 5 years subsequent to after the date
of the drain commissioner's order designating a drainage district,
or
the entry of the first order of determination as
prescribed in
under section 72, or the filing of a petition, if a petition has
been
filed, whichever is later, the drain
commissioner of such
county
shall report such that fact
to the county board of
supervisors.
commissioners. If the sum involved is too small to
justify
spreading the same sum over the designated drainage
district, above
referred to, such board of supervisors the county
board
of commissioners may order that the
sum to be spread against
the
property of the original petitioners according to such
percentage
as the commissioners shall deem consider just
and
equitable. ,
based on the same benefit theory as if the improvement
had
been completed. If the sum involved is large enough to, in the
opinion
of the board of supervisors, create undue hardship on the
original
petitioners, Otherwise, the county
board of supervisors
commissioners
may order that the
same sum be spread over such
designated
the district and the drain commissioner shall
apportion
the
cost thereof sum to the parties that would have been benefited
in the district as provided in chapter 7 for the purpose of
permitting a review of the assessment roll as to fairness of the
apportionment only.
Sec.
307. Whenever If revolving fund moneys have been expended
and
no improvement has been completed subsequent to money has been
expended or a drainage district is obligated to pay expenses for
engineering, legal, or administrative services or to pay principal
and interest on notes and if an improvement has not been completed
within 5 years after the date of the drainage board's order
designating
a an intercounty drainage district as prescribed in
under
section 105, of
this act where an intercounty drain is
involved,
within a period of 5 years, or
the filing of a petition,
if a petition has been filed, whichever is later, the drainage
board
created in section 102 of this act shall apportion the cost
as
between counties. Any If
requested by a drain commissioner
feeling
aggrieved by such the apportionment, may request review by
the
board of review provided in section 106 of this act, and such
board
shall proceed to review the same as provided in this act.
shall review the apportionment under section 106. The decisions of
the
board of review shall be are
final. Thereafter the amount
apportioned
to each county shall be recovered by each the county as
above
outlined provided in section
306 for the recovery of
revolving
fund moneys money expended for an intracounty drain in
section
306 of this act.or other
expenses or indebtedness for which
a drainage district is obligated.
