Bill Text: MI HB5278 | 2015-2016 | 98th Legislature | Engrossed
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-Engrossed.html
HB-5278, As Passed Senate, April 26, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 5278
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 and ordered abandoned, 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, the
entry of the first order
of determination under section 122, or the filing of a petition, if
a petition has been filed and ordered abandoned, 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 expended revolving fund moneys expended for an
intracounty
drain in section 306 of this act.money
or indebtedness
for which a drainage district is obligated.
