M ICHIGAN A SSOCIATION OF C OUNTY D RAIN C OMMISSIONERS Test Your Drain Code Knowledge Stacy L. Hissong & John S. Brennan February 2019 Fahey Schultz Burzych Rhodes PLC macdc.us
Drain Code Trivia Use your cell phone to participate! 1. Text MACDC to 37607 to join Drain Code Trivia. 2. Leave your text screen open to the 37607 message. 3. As each question is presented, simply text A , B , C , or D. 4. Watch your answer get counted on screen! macdc.us
Practice Question Which is the best Valentine’s Day gift to give or receive? macdc.us
Answers A. Candy B. Roses C. Spa Gift Card D. Anything Camo macdc.us
Question 1 Proposed maintenance on the Burzych Drain, which includes four townships, will exceed $5,000/mile of Drain. Each of the townships and the county will receive a 5% at-large assessment (There are no state highways.) Township A has 66% of the lands and property owners’ assessments total 53% Township B has 16% of the lands and property owners’ assessments total 10% Township C has 10% of the lands and property owners’ assessments total 7% Township D has 8% of the lands and property owners’ assessments total 5% Which Townships must the Drain Commissioner ask to exceed the maintenance limitation by board resolution? macdc.us
Answers A. Township A B. Townships A and B C. Townships A, B and C D. None (highest at- large is only 5%) macdc.us
Question 2 The Drain Commissioner is preparing a computation of costs for a recent petitioned project on the Hedrick Drain. Which of the following percentages for contingency expenses is allowable under Section 261 of the Drain Code? macdc.us
Answers A. Any % that the Drain Commissioner determines to be reasonable. B. 8% C. 12% D. 17% macdc.us
Question 3 The Drain Commissioner is preparing a Final Order of Determination for a Chapter 8 project. The project only involved the adding of a branch to the Bower Drain, and the only properties the Drain Commissioner chose to assess were the properties benefited by the new branch. What is the most appropriate to include in the Final Order of Determination? macdc.us
Answers A. Reference the “Plans on file in the Office of the Drain Commissioner” for the route and course description and reference the special assessment roll for the description of the drainage district. B. Legally describe the centerline of the branch for the route and course description, and legally describe the parcels that were assessed under the petition for the description of the drainage district. C. Legally describe the centerline of the branch for the route and course description, and legally describe the entire drainage district, regardless of whether only the branch is being assessed under the petition. D. Legally describe the centerline of the branch as well as all other portions of the established drain, and legally describe the entire drainage district, regardless of whether only the branch is being assessed under the petition. macdc.us
macdc.us
Question 4 The Fahey Drain is 2.2 miles long and has a current account balance of $13,250. What is the maximum amount the Drain Commissioner may pre-assess the Drainage District? macdc.us
Answers A. None. The current account balance is too high to legally pre-assess the Drainage District. B. $1,750. The pre-assessment cannot lead to an account balance that would exceed $5,000/mile. C. $5,000. The maximum amount for pre- assessment is $5,000. D. $7,500. The Drain Commissioner may pre-assess up to $2,500 per mile at any time the account balance contains less than $5,000/mile. macdc.us
Question 5 The Drain Commissioner is preparing for the following work: an inspection of the Rodney Drain; tree and brush removal on the Jamie Drain; 196a obstruction removal on the Jason Drain; emergency work on the Pete & Dan Drain that involves sediment removal; and placement of rip rap along culverts (no excavation required) on the Ryan Drain. The Drain Commissioner isn’t excited about the idea of sending out notices to property owners about entering their property to perform this work. What drain work requires notification under Section 201? macdc.us
Answers A. Jamie and Ryan Drains B. Jamie Drain C. Rodney, Ryan, Jason and Jamie (everything except an emergency) D. All of the Drains require notification macdc.us
Question 6 The Drain Commissioner received a Chapter 8 petition for the Mills Drain in 2010, but has not yet held a Board of Determination. The Drain Commissioner does not really want to take any action on the petition. Is the Drain Commissioner required to take action? macdc.us
Answers A. Yes, the Drain Commissioner is required to take action on all petitions within 7 years from the date of the petition. B. Yes, the Drain Commissioner is required to take action on the petition, but there are no time requirements to do so in the Drain Code. C. No, a petition is considered abandoned if the petition is more than 7 years old, and no action on the petition is allowed. D. No, the Drain Commissioner may choose to abandon the petition after 5 years. macdc.us
Question 7 The POE of the Schultz Drain is a small tile in poor condition located on vacant property recently purchased for development. Private drain tiles from adjacent properties currently outlet to the portion of the Drain on the developer’s property, but lack of maintenance over the years has resulted in reduced flow. The Township has filed a petition to abandon the portion of the Drain on the developer’s property to facilitate development. What is the best reason why the Drain Commissioner could determine that abandonment of that portion of the Drain is not appropriate? macdc.us
Answers A. If drainage rights of other property owners are impaired or interfered with as a result of the abandonment, that portion of the Drain cannot be abandoned. B. The Drain Code doesn’t allow a Township to petition for abandonment. C. The Drain Code doesn’t allow for only a portion of a Drain to be abandoned. D. If the portion of the Drain to be abandoned remains “physically in existence,” that portion of the Drain cannot be abandoned. macdc.us
Question 8 The Drain Commissioner is preparing the apportionment roll after a maintenance and improvement project on the Brennan Drain. The Drainage District includes a school that has recently added new tennis courts, a church cemetery, the new administration building for the county, a Nature Conservancy wetland preserve, and a township park. The Drain Commissioner should include an assessment for which of the following properties? macdc.us
Answers A. The church cemetery and the Nature Conservancy property. The township, school and county properties are exempt from assessment. B. Only the Nature Conservancy property. The other properties are exempt from assessment for drain projects. C. All of the properties are liable for an assessment under the Drain Code as they all benefit from the drain project. D. None of the properties. All of the properties listed are exempt from assessment. macdc.us
Question 9 The Drain Commissioner has received a petition for the maintenance and improvement of the Rhodes Drain and has a son who owns property in the Drainage District. What specific actions must the Drain Commissioner take due to the conflict of interest? macdc.us
Answers A. File a petition with the Probate Court to have a disinterested Drain Commissioner make and file the apportionment of benefits. B. File a statement with the County Board of Commissioners so that the Chairman of the County Board of Commissioners can appoint the members of the Board of Determination. C. The specific actions listed in Answers A and B are both required. D. No specific actions are required, these only apply if the Drain Commissioner is the person who owns lands in the Drainage District, not a child. macdc.us
Question 10 What type of work performed under the Drain Code is NOT exempt from a MDEQ permit under Part 301 of NREPA (Inland Lakes and Streams) for drains established prior to 1973? macdc.us
Answers A. Placement of more than 25 cubic yards of rip rap to address soil erosion and sedimentation issues. B. Replacement of a culvert where the culvert size is increased. C. Enclosure of an open drain where the enclosure is less than 100 feet. D. Laying back the side slopes of a drain past its previously established cross section. macdc.us
Drain Code Trivia To Leave the Drain Code Trivia Test, Text LEAVE To 37607 macdc.us
Questions? Stacy L. Hissong and John S. Brennan F AHEY S CHULTZ B URZYCH R HODES PLC 4151 Okemos Road, Okemos, Michigan 48864 (517) 381-0100 • www.fsbrlaw.com macdc.us
Recommend
More recommend
