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Session Laws, 1994
Volume 773, Page 3293   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                            Ch. 738

70.

[The board of drainage viewers shall, within one month after the confirmation of
their report, call together the landowners assessed for the cost of the proposed
improvements, hereinafter designated as the taxables, for the purpose of electing a board
of three managers.

They shall give ten days' previous notice of the meeting by notices posted in four of
the most public places in the vicinity of the drainage project, stating the time, place and
object of the meeting.]

THE COUNTY COMMISSIONERS SHALL, WITHIN 30 DAYS AFTER THE APPROVAL
OF THE PETITION AND REPORT, CALL TOGETHER THE OWNERS OF ALL LAND
WITHIN THE PUBLIC DRAINAGE ASSOCIATION FOR THE PURPOSE OF ELECTING A
BOARD OF MANAGERS. THE COUNTY COMMISSIONERS SHALL GIVE AT LEAST 10
DAYS' NOTICE OF THE MEETING BY NOTICE POSTED AT FOUR PUBLIC PLACES
WITHIN THE DRAINAGE ASSOCIATION OR IN THE VICINITY THEREOF, STATING THE
TIME, PLACE, AND OBJECT OF THE MEETING. EACH LANDOWNER SHALL BE
ENTITLED TO ONE VOTE IN SUCH ELECTION UNTIL THE BOARD OF VIEWERS
REPORT IS APPROVED BY THE COUNTY COMMISSIONERS. ONCE THE REPORT OF THE
BOARD OF VIEWERS IS APPROVED, EACH [At such meeting or any other meeting
thereafter, each] of the [taxables] LANDOWNERS shall be entitled to the following votes
according to their respective assessments shown in the report of the board of viewers as
confirmed by the county commissioners: For any assessment of fifteen dollars or less, one
vote; for any assessment of more than fifteen dollars and not more than thirty-five
dollars, two votes; for any assessment of more than thirty-five dollars and not more than
sixty dollars, three votes; for any assessment of more than sixty dollars and not more than
one hundred dollars, four votes; for any assessment of more than one hundred dollars,
one additional vote for each fifty dollars or fractional part thereof in excess of one
hundred dollars; and any [taxable] LANDOWNER so entitled may vote by proxy,
authorized by writing, under his hand.

[Taxables] LANDOWNERS who shall be entitled to cast a majority of all the votes
herein provided for shall be a quorum for the purposes aforesaid; but if such [taxables]
LANDOWNERS constituting a quorum refuse or fail to meet upon the notice being given
as aforesaid, then the county commissioners, upon proof that the required notice has
been given, shall be authorized and are directed to appoint such managers.

71.

[The board of managers, when elected or appointed, is constituted a body
corporate under the name and style of "The Board of Managers of .... Public Drainage
Association", with the right to hold property and convey the same, to sue and be sued, to
adopt a seal and to alter it at pleasure, and to exercise corporate powers.]

THE PUBLIC DRAINAGE ASSOCIATION CREATED UNDER THIS SUBTITLE SHALL
BE AND IS HEREBY CONSTITUTED A POLITICAL SUBDIVISION OF THE STATE AND A
PUBLIC BODY CORPORATE AND POLITIC UNDER THE NAME AND TITLE OF

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Session Laws, 1994
Volume 773, Page 3293   View pdf image
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