HB 5695

HOUSE BILL NO. 5695
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 73 and 125 (MCL 280.73 and
280.125).
the people of the state of michigan enact:
Sec. 73. (1) The drain commissioner shall secure, from a professional engineer, plans, specifications, and an estimate of cost
a cost estimate of the a proposed
drain and descriptions of the lands or rights of way needed for the proposed
drain.
(2) Not later than 14 days after the drain commissioner's receipt of the
plans, specifications, and a cost estimate from the professional engineer under
subsection (1), if the cost estimate is $75,000.00 or greater, the drain commissioner
shall provide a copy of the plans, specifications, and a cost estimate to the
county road commission. The county road commission shall review the plans,
specifications, and a cost estimate and do 1 of the following:
(a) Determine that the cost of the proposed drain is reasonable and
recommend to the drain commissioner that the proposed drain proceed.
(b) Determine that the cost of the proposed drain is excessive and
recommend to the drain commissioner that the proposed drain not proceed.
(c) Make no determination regarding the cost of the proposed drain and
make no recommendation to the drain commissioner.
(3) The county road commission shall review the plans, specifications,
and a cost estimate of a proposed drain received under subsection (2) at the
county road commission's first meeting after the date on which the county road
commission received the plans, specifications, and a cost estimate. The county road commission has
not less than 60 days after the meeting at which the county road commission
reviewed the plans, specifications, and a cost estimate to inform the drain commissioner
of the county road commission's determination and recommendation if the county
road commission has a determination and recommendation.
(4) If the drain commissioner receives a determination and
recommendation from the county road commission under subsection (2), the drain
commissioner shall consider the road commission's determination and
recommendation. If the drain commissioner does not receive a determination and
recommendation from the county road commission, the drain commissioner may
proceed with the proposed drain not less than 60 days after the meeting at
which the county road commission reviewed the plans, specifications, and a cost
estimate of the proposed drain.
(5) In approving
the route of the drain a drain's route as furnished
provided by the engineers professional
engineer, the drain commissioner shall
not be limited to that the route described in the petition or in the first
order of determination, if the a new route is more efficient and serviceable.
(6) The drain commissioner shall endeavor to secure from the
owners of each parcel or tract of land to be traversed or damaged by the
proposed drain or drains an easement or release of right of way and all related damages. on account thereof.
(7) As used in this section, "county road commission" means
the board of county road commissioners elected or appointed under section 6 of chapter
IV of 1909 PA 283, MCL 224.6, or, in the case of a charter county with a
population of 750,000 or more with an elected county executive that does not
have a board of county road commissioners, the county executive for ministerial
functions and the county commission provided for in section 14(1)(d) of 1966 PA
293, MCL 45.514, for legislative functions. In addition, if a board of county
road commissioners is dissolved as provided under section 6 of chapter IV of
1909 PA 283, MCL 224.6, county road commission includes the county board of
commissioners of the county.
Sec. 125. (1) At such a meeting the
respective drain commissioners
shall hear the proofs and allegations offered and shall reconsider and review
the descriptions of land in that county forming a part of the drainage
district, the apportionment of benefits, and define and equalize the same as
may seem just and equitable. The persons entitled to appear and offer proof may
appeal from such the
review and the manner of taking such an appeal shall be must proceed as prescribed in chapter 7, of this act, being
sections 151 to 161, inclusive.
(2) Bids shall must be
received and computation of the total cost of the proposed
drain shall must
be made, as hereinafter provided in this chapter, before the time set for review of
the apportionment, and such the computation shall must be open to inspection at the time of review. If such the computation
shall not cannot be
completed before the day of review, such the review may be adjourned from time to time, not more than 20 days in all to allow for the completion of such the computation,
or a new hearing may be called with like notice by publication, posting, and service at least not less than 10 days before such the hearing.
If, for any reason,
the contracts on which such the computation was based shall must not be
executed and new contracts shall be are let at a higher price, a corrected computation shall must be made
and a new review held with like notice.
(3) Not later than 60 days after the drain commissioners' receipt of the
computation of the total cost of the proposed drain under subsection (2), if
the computation is $75,000.00 or greater, the drain commissioners shall provide
a copy of the computation and any documents used to complete the computation to
each county road commission of a county in the drainage district. Each county
road commission of a county in the drainage district shall review the computation
and any documents used to complete the computation, and do 1 of the following:
(a) Determine that the cost of the proposed drain is reasonable and
recommend to the drain commissioners that the proposed drain proceed.
(b) Determine that the cost of the proposed drain is excessive and
recommend to the drain commissioners that the proposed drain not proceed.
(c) Make no determination regarding the cost of the proposed drain and
make no recommendation to the drain commissioners.
(4) Each county road commission of a county in the drainage district
shall review the computation and any documents used to complete the computation
received under subsection (3) at each county road commission's first meeting after
the date on which each county road commission received the computation and any
documents used to complete the computation. Each county road commission of a
county in the drainage district has not less than 60 days after the meeting at
which the county road commission reviewed the computation and any documents
used to complete the computation to inform the drain commissioners of the
county road commission's determination and recommendation if the county road
commission has a determination and recommendation.
(5) If the drain commissioners receive a determination and recommendation
from a county road commission of a county in the drainage district ?under
subsection (2), the drain commissioners shall consider the county road commission's
determination and recommendation. If the drain commissioners do not receive a determination
and recommendation from a county road commission of a county in the drainage
district, the drain commissioners may proceed with the proposed drain not less
than 60 days after the first meeting at which a county road commission of a
county in the drainage district reviewed the computation and any documents used to complete the computation.
(6) As used
in this section, "county road commission" means the board of county
road commissioners elected or appointed under section 6 of chapter IV of 1909
PA 283, MCL 224.6, or, in the case of a charter county with a population of
750,000 or more with an elected county executive that does not have a board of
county road commissioners, the county executive for ministerial functions and
the county commission provided for in section 14(1)(d) of 1966 PA 293, MCL
45.514, for legislative functions. In addition, if a board of county road
commissioners is dissolved as provided under section 6 of chapter IV of 1909 PA
283, MCL 224.6, county road commission includes the county board of
commissioners of the county.