Title 69, Waters, Waterways, Drains And Levees

When the assessment has been made, the court will fix the dates within which the assessment shall be collected. The county clerk shall make out an assessment list, or book, giving alphabetically the name of the owner, and the boundaries of the land, the number of acres, and the a…

It is the intention of this part to provide an additional method of proceedings in the establishment of improvement or drainage districts, lying in more than one (1) county, and to leave the parties concerned, and petitioners for the improvement or drainage districts, to their op…

When a proposed improvement, drainage district, or drainage and levee district will require its location in more than one (1) county, the application by petition may in the alternative be made to the county court of any one (1) of the counties in which such district will be in pa…

The court in which the petition is filed has full power and authority to appoint the engineer, viewers to assess damages, commissioners to make assessments and apportion the same on the lands affected, and directors, just as if such district lay wholly in one (1) county, and as p…

The assessments levied on the lands shall be made in and by the court where the petition was filed and the proceeding is pending, as provided in part 8 of this chapter as to assessments where the district is wholly in one (1) county, such assessments to be made on the lands in al…

It is the duty of the trustee of any county in which part of the lands of such district lie to receive the certified copy mentioned in § 69-5-1104, and to collect the assessments shown by the same, as provided in part 8 of this chapter where the district lies entirely in one (1) …

The assessments provided for by this part, when made and levied shall be and become valid liens upon all the lands so assessed as state and county taxes are liens upon lands.

Bonds may be issued by such drainage district, or drainage and levee district, located in more than one (1) county, to pay for the cost and expenses of the proposed improvement in the general method provided in part 9 of this chapter. Such bonds shall be signed by the county mayo…

The proceeds of the bonds, when sold, shall be deposited with one (1) or more of the trustees as directors of such district shall direct, but so the same, or any part thereof, that may be placed in the hands of a county trustee other than the trustee of the county where the proce…

The engineer of the district shall show in the engineer's report upon the map of the district the location of the line or lines between counties, and show clearly what tracts of land within such district lie in each of the counties of the district.

If the district sought to be created embraces lands lying in more than one (1) county, the clerk of the county in which the petition was filed and in which the matter is pending will make out the assessment list, or book, for the entire district, and shall then copy so much of th…

The assessment so made shall be a lien upon the respective tracts of land upon which it is assessed; and this lien shall be enforced in the same manner as provided for the enforcement of liens in §§ 69-5-819 — 69-5-823.

The county trustee or trustees, before receiving the assessment roll, or book, and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee or trustees, shall, respectively, enter into a bond in double the amount that will…

This proceeding to create a fund for the payment of the cost and expenses shall not interfere with or delay the other proceedings, and the matter, in all other respects, may be proceeded with as provided in this part, and by law; provided, that the above percent acreage provision…

(a) After such petition has been so filed and bond taken and approved, the county court shall, at the first session thereafter, regular, special, or adjourned, and may at a later session, appoint a disinterested and competent engineer and have placed in the engineer's hands a cop…

The ditches and drains provided for shall be surveyed and located along the general course of the natural streams and watercourses, or in the general course of the natural drainage of the lands of the district, unless there is some special and good reason why the natural course s…

When such ditch or drain crosses any railroad track or right-of-way, it shall be located at the place of the natural waterway across the right-of-way, unless the railroad company has provided another place in the construction of its roadbed for flow of the water, or unless anothe…

The engineer may employ necessary help, such as axmen, rodmen, returning an itemized expense account, or the court may contract with such engineer to furnish all such help, and to do the entire work, or any specific part thereof, for a sum stipulated and agreed upon.

Upon the filing of the return of the engineer, the county court shall examine the return, and if the plan seems to be expedient and meets the approval of the court, it shall order the county clerk to cause notice to be given, as provided in this part, but if it does not appear to…

(a) When the plan, if any, has the approval of the court, the court shall order the county clerk to issue a summons, or writ, to the sheriff of the proper county, the writs to run in the name of the state, commanding the sheriff to summon the persons named in the writ to appear b…

(a) Any person, who owns lands within any drainage district, and who desires to establish a subdistrict within the limits of the original district for the purpose of securing more complete drainage, may file a petition with the county clerk, asking the county court to establish s…

If, at the time set for the hearing, it appears to the court that any person entitled to notice as provided has not had such notice, the hearing shall be adjourned until such person can be given the required notice, and the court shall not lose jurisdiction of the subject matter …

At such hearing, the court may order the engineer, or a new engineer appointed by the court, if deemed advisable, to make further examination and report to the court as to the improvement, in which event the hearing shall be continued until the filing of such further report.

After the report of the engineer has been filed, accompanied by the plat and a description of the land included within the proposed district, and a description of the surrounding landowners, of the respective tracts of land within the proposed district, and the names of the owner…

A special assessment shall be made only upon petition signed and sworn to by one (1) or more persons owning land within the proposed district, and praying that provision be made for funds to defray the preliminary costs and expenses already incurred up to that stage of the procee…

After the hour fixed for the filing of objections, the court shall proceed to hear and determine the matter of making an assessment to raise a fund for the payment of the preliminary costs and expenses. The court will determine from proof offered the amount necessary to cover the…

Any party aggrieved may appeal from the decision of the court in making or refusing to make the assessment. The appeal shall be made in the same manner and upon the same terms provided for appeals from the action of the court in creating or refusing to create a drainage district …

When the assessment has been made, the court shall fix the dates within which it shall be collected, and the county clerk shall make out an assessment list or book, giving alphabetically the name of the owner, and the boundaries of the land, the number of acres, and the amount as…

However, if the district sought to be created embraces lands lying in more than one (1) county, the clerk of the county in which the petition was filed, and the matter is pending, will make out the assessment list or book for the entire district, and shall then copy so much of th…

The assessment so made shall be a lien upon the respective tracts of land upon which it is assessed, and this lien shall be enforced in the same manner as provided for the enforcement of liens in §§ 69-5-819 — 69-5-823.

The county trustee, or trustees, before receiving the assessment roll, or book, and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee or trustees, shall, respectively, enter into a bond in double the amount that wil…

The owners of land that requires combined drainage may provide for the establishment of a drainage district, or location and construction of drains, ditches, and watercourses upon their own lands by mutual agreement in writing duly signed, acknowledged, and filed with the county …

A mutual agreement may include the location, the character of work to be done, the adjustment of the damages, the classification of the lands to be benefited by the agreement, the amount of special assessments to be levied, when the special assessments shall be levied, or so many…

Upon the filing of the agreement with the county clerk, the county court shall establish such drainage district and locate the ditch, drain, or watercourse provided for in the mutual agreement according to the terms of the agreement, and shall have full and complete jurisdiction …

The preliminary expenses of such district, ditch, drain, or watercourse improvement, not including contracts for construction, may be paid by order of the county legislative body of the county in which the lands lie of such improvement district out of the general county fund, and…

The county legislative body has the right to contribute, out of the general county fund, such amount as it sees fit to be used in the payment of such preliminary expenses, without requiring the same to be paid back or refunded to the county; and where any county has previously, b…

If the county legislative body does not see fit to order such preliminary expenses so paid, and the parties to whom such expenses may be owing are not willing to agree to wait until a fund for their payment can be provided by special assessments upon such district, then the count…

Such fund for expenses may be paid in from time to time, under the orders of the court, as may be needed.

All sums so paid by the petitioners or their sureties on their bonds shall be refunded and repaid to the person or persons so paying them out of the funds of such improvement district when such funds have been realized under this chapter.

The county court, upon the hearing of the petition at the time set for hearing, or at the time to which the matter has been adjourned or continued, shall proceed to determine the sufficiency of the petition in form and manner, which petition may be amended at any time, as to form…

After the district is established by the county court, and all damages paid or secured as provided in part 2 of this chapter, if the county court is of opinion that the report of the engineer already made is not sufficiently full or definite to enable the proper letting of contra…

(a) Publication in a newspaper published in the county where the petition is filed and proceeding is pending, for two (2) consecutive weeks, of the time and place set for the hearing of the petition to establish such district, shall be sufficient notice to the persons concerned a…

It shall be a sufficient signing, in the sense of this chapter, of the names of petitioners to the petitions provided for in this part, if their names are signed by their attorney at law or by an agent authorized so to do.

In any county where a district is sought to be established, the county clerk shall provide a book to be known as the “drainage record,” to be paid for by the county, and the clerk shall keep in the drainage record book a full and complete record of all proceedings in each case ar…

The fees of the county clerk in proceedings under this chapter shall be the same as for similar services now allowed by law, and in such case the county court may allow the clerk an additional sum for extra services, or services not covered by existing fee bills, or statutes, to …

If there are any services required of any person under this chapter, and the rate of pay for those services is not provided for by this chapter, then the county courts shall fix the amount or rate of pay in such cases.