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Session Laws, 1994
Volume 773, Page 3303   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                            Ch. 738

provided for in §§ [96 — 122] 103 THROUGH 121H. The proceeds from such bonds shall
be for the exclusive use of the levee or drainage district specified on their face, and shall
be numbered by the board of drainage commissioners and recorded in the drainage
record, which record shall set out specifically the lands embraced in the district on which
the tax has not been paid in full, which land is to be assessed as hereafter provided. If any
instalment of principal or interest represented by the said bond shall not be paid at the
time and in the manner when the same shall become due and payable, and such default
shall continue for a period of six months the holder or holders of such bond or bonds
upon which default has been made may have a right of action against said drainage
district or the board of drainage commissioners of said district, wherein the court may
issue a writ of mandamus against the said drainage district, its officers, including the tax
collector and treasurer, directing the levying of a tax or special assessment as herein
provided, and the collection of the same, in such sums as may be necessary to meet any
unpaid instalments of principal and interest and cost of actions; and such other remedies
are hereby vested in the holder or holders of such bond or bonds in default as may be
authorized by law; and the right of action is hereby vested in the holder or holders of such
bond upon which default has been made, authorizing them to institute suit against any
officer on his official bond for failure to perform any duty imposed by the provisions of §§
[96 — 122] 103 THROUGH 121H. The official bonds of the tax collector and county
treasurer shall be liable for the faithful performance of the duties herein assigned them.
Such bonds may be increased by the board of county commissioners at their discretion.

119.

Whenever any improvement constructed under §§ [96 — 122] 103 THROUGH 121H
is completed it shall be under the control and supervision of the board of drainage
commissioners. It shall be the duty of the said board to keep the levee, ditch, drain or
watercourse in good repair, and for this purpose they may levy an assessment on the lands
benefited by the construction of such improvement in the same manner and in the same
proportion as the original assessments were made for an amount not to exceed
twenty-five percent of the original assessment, and the fund that is collected shall be used
for repairing and maintaining the ditch, drain or watercourse in perfect order. Provided,
however, that if any repairs are made necessary by the act or negligence of the owner of
any land through which such improvement is constructed or by the act or negligence of his
agent or employee, or if the same is caused by the cattle, hogs or other stock of said
owner, employee or agent, then the cost thereof shall be assessed and levied against the
lands of said owner alone, to be collected by proper suit instituted by the drainage
commissioners. It shall be unlawful for any person to injure or damage or obstruct or
build any bridge, fence or floodgate in such a way as to injure or damage any levee, ditch,
drain or watercourse constructed or improved under the provisions of §§ [96 — 122] 103
THROUGH 121H, and any person causing such injury shall be guilty of a misdemeanor,
and upon conviction thereof may be fined in any sum not exceeding twice the damage or
injury done or caused.

120.

The engineers employed under the provisions of §§ [96 — 122] 103 THROUGH 121H
shall receive such compensation per diem as shall be agreed upon by the board of county
commissioners. The viewers, other than the engineer, shall receive three dollars per day;

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Session Laws, 1994
Volume 773, Page 3303   View pdf image
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