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

Sec. 468.
The drainage board shall secure from a competent engineer, plans, specifications, a route and course, and an estimate of cost of the proposed drain, which when approved and adopted by the board shall be filed with the chairperson of the board. In approving the plans and specifications, the drainage board is not limited to the route of the drain described in the petition or the final order of determination. Changes in the approved route and course of the drain must be approved by resolution of the drainage board. The drainage board shall tentatively establish the percentage of the cost of the drain or of the several sections or parts of the drain to be paid by each public corporation. In making the apportionments, the drainage board shall consider the benefits to accrue to each public corporation and the extent to which each public corporation contributes to the conditions that make the drain necessary. Apportionments against this state shall be based upon benefits and contributions as related solely to the drainage of state highways. Apportionments against the county shall be based upon benefits and contributions as related solely to the drainage of its county roads. Before a tentative apportionment is made, the drainage board shall designate the area to be served by the drain project, which may include all of the area in a public corporation to be assessed, and may divide the drain into sections or parts for purposes of apportionment or construction. Notwithstanding any other provision of this act, the county may assume any additional cost of the drain if 2/3 of the members elect of the county board of commissioners vote in favor thereof. The apportionment under this section applies only to the proposed drain. The apportionments for any extensions or other work subsequently performed under section 482 shall be reestablished by the board. If chapter 25 is employed in the apportionment of costs, the proceedings under this section 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. 1961, Act 45, Imd. Eff. May 20, 1961 ;-- Am. 1963, Act 215, Imd. Eff. May 17, 1963 ;-- Am. 1976, Act 5, Imd. Eff. Feb. 10, 1976 ;-- Am. 2018, Act 644, Eff. Mar. 28, 2019 Popular Name: Act 40

Structure Michigan Compiled Laws

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 280.461 - Definitions.

Section 280.462 - County Drains; Public Health, Assessment Against Public Corporations.

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.

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.

Section 280.465 - Meeting of Drainage Board; Notice; Affidavit of Mailing; Quorum; Adjournment; Action by Board; Signing of Orders.

Section 280.466 - Drainage Board; First Meeting, Notice.

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.

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.

Section 280.469 - Objections to Apportionments; Notice of Hearing; Confirmation or Readjustment of Apportionments; Notice of Rehearing; Final Order of Apportionment.

Section 280.470 - Drainage Board; Lands and Rights of Way, Condemnation; Procedure, Federal Government Participation; Costs.

Section 280.471 - Drainage Board; Contracts With Federal Government or Corporations; Bids.

Section 280.472 - Funds; County Treasurer, Deputies; Bonds; Expenditures.

Section 280.473 - Special Assessment Roll; Preparation; Estimated or Actual Costs; Annual Installments; Interest; Advance Payment; Altering and Supplementing Proceedings.

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...

Section 280.475 - Statutory or Charter Tax Limitations Inapplicable; Rate or Amount of Taxes.

Section 280.476 - Bonds; Issuance; Maturity; Mandatory Redemption; Signatures; Collection of Assessments.

Section 280.477 - Additional Assessment; Apportionment.

Section 280.478 - Drainage Board; Continuation; Responsibility; Expenses; Relinquishment; Moneys, Disposition, Consent.

Section 280.479 - Advancements by Corporations; Reimbursement.

Section 280.480 - Costs; Items.

Section 280.481 - Assessments Against Townships and Villages.

Section 280.482 - Improvements or Additions to Drains for Public Health.

Section 280.483 - Certiorari; Time; Legal Establishment of Drain.

Section 280.484 - Procedures; Incorporation of Other Chapters in Drainage Board Orders.

Section 280.485 - Relief Drains.

Section 280.486 - Drains to Which Chapter Applicable; Sufficiency of Petition.

Section 280.487 - Drainage Board; Absence of Members, Deputies, Vice-Chairman.

Section 280.488 - Additional Grant of Power; Prior Projects.

Section 280.489 - New Cities; Service of Notice on Township Clerks or De Facto City Officer.

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.

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...

Section 280.491 - River, Creek or Watercourse; Petition for Inclusion Within Jurisdiction.

Section 280.492 - Petition; Content, Deposit to Pay Cost; Drainage Board Hearing and Notice.

Section 280.493 - Final Order of Determination; Contents, Recording, Effect.

Section 280.494 - Final Order of Determination; Recording Effect on Private Rights.

Section 280.495 - Assessment of Cost; Hearing; Powers.

Section 280.496 - Drainage Board Funds; Investment of Surplus, Interest.

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.

Section 280.498 - Pollution in County Drain; Abatement; Petition.

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.