Surveyor staff described extensive problems with the Garrett City tile during the DeKalb County Drain Board meeting, citing concrete tile that runs beneath homes, a malfunctioning pump at a railroad crossing, and recurring maintenance obstacles that make reconstruction difficult.
Surveyor staff said the tile ‘‘does not perform the function for which it was designed’’ in places and noted that reconstruction costs would likely outweigh benefits. Board members debated whether to vacate portions of the system, transfer responsibility to the City of Garrett, or retain a small regulated lateral where access and maintenance remain feasible. One board member suggested vacating the top end of the system; others cautioned that unless the city agrees to accept the tile, vacating could leave affected homeowners without an effective maintenance mechanism.
County staff (Speaker 6) outlined the three criteria the board must find to vacate a drain: that it does not perform its designed function, reconstruction expense outweighs benefits, and the vacation will not be detrimental to the public welfare. Staff said all three elements must be supported by evidence presented at a hearing. The board discussed sending formal notice to the City of Garrett notifying them of a vacation hearing and whether funds in a drain account transfer with the drain under local code.
Why it matters: The Garrett City tile serves developed neighborhoods; decisions to vacate or transfer the system could change who is responsible for repairs and how local assessments are applied. The board flagged the matter for a future hearing and asked staff to prepare findings and notices that document the specific factual basis for any vacation decision.
Key quote: Agency official (Speaker 6) summarized the legal test: "The drain does not perform the function for which it was designed and constructed... The expense of reconstruction outweighs the benefits of reconstruction, and the vacation will not be detrimental to the public welfare."