Laws - Illinois - Google Cărți

construct any other drainage work except to deepen, widen, or otherwise improve the channel of such river or watercourse or to change or straighten the channel thereof: And, provided, further, that in so far as may be, except as herein limited and restricted, all the provisions of this Act with reference to drainage districts organized thereunder shall apply to an outlet drainage district so organized under this section: And, provided, further, that when it becomes necessary said outlet drainage district may acquire lands for right of way for any improvement constructed by it in the same manner as drainage and levee districts organized under this Act may acquire right of way and may so acquire said right of way either within or without the boundaries of an organized drainage district theretofore organized: And, provided, further, that no outlying drainage district organized under this section shall remove, destroy, appropriate or use any levee, drain ditch or part thereof, or other work of any drainage district organized under any laws of this State without paying such drainage district just compensation therefor. In case the commissioners of said outlet drainage district and the corporate authorities of any such drainage district shall be unable to agree upon the compensation to be paid to such drainage district, the same may be ascertained and enforced by any proper proceedings in any court of competent jurisdiction. Upon payment of such compensation, said outlet district shall have the right to appropriate such levees, ditches, drainage or other work within the boundary of such outlet district for and in connection with the purposes for which said outlet district is organized.

APPROVED June 11, 1917.

AGRICULTURAL AND SANITARY PURPOSES-REPAIRING LEVEES WITH U. S. GOVERNMENT ASSISTANCE.

1. Amends section 37, Act of 1879.

§ 37. As amended, provides commissioners may levy assessment to realize funds to be used in connection with an appropriation from the Government of the United States to repair, enlarge or strengthen levees near any river.

(HOUSE BILL No. 600. APPROVED JUNE 11, 1917.)

AN ACT to amend an Act entitled, “An Act to provide for the construction, reparation and protection of drains, ditches and levees, across the lands of others, for agricultural, sanitary and mining purposes. and to provide for the organization of drainage districts," approved and in force May 29, 1879, as subsequently amended, by amending section 37 thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act to provide for the construction, reparation and protection of drains, ditches and levees, across the lands of others, for agricultural, sanitary and mining purposes, and to provide for the organization of drainage districts." approved and in force May 29, 1879, as subsequently amended, be and is hereby amended by amending section 37 thereof to read as follows:

§ 37. Said commissioners may use money arising from the collection of assessments or coming into their hands, as such commissioners, for the purpose of compromising suits and controversies arising under this Act, and in the employment of all necessary agents and attorneys, in organizing said district, and for conducting other proceedings, in law or in equity, for the same, and for the purpose of constructing or repairing or maintaining any ditch, ditches, drains, levee or levees within said district or outside of said district, necessary to the protection of the lands and complete drainage of the same within said districts: Provided, that the commissioners shall use such money under the direction or approval of the court; and assessments from time to time may be levied on the land within any district when it shall appear to the court that the previous assessment or assessments have been expended or are inadequate to complete such work, or are necessary for maintenance or repair, or when it shall become necessary for the construction of one or more pumping plants, or other additional work, or the completion of any work already commenced within any drainage district to insure the protection or drainage of the lands in said district, under the direction and order of the court, or to pay obligations incurred for the current expenses of said district or in the keeping in repair and protection of the work of such district, or to pay obligations incurred for the completion of any part of the work of said district, as originally planned, contracted for and already commenced within any drainage district to insure the protection or drainage of the lands in said district, or when it shall become necessary to realize funds in order that any district organized under this Act may avail itself of financial assistance from any appropriation made by the Government of the United States for the purpose of repairing, enlarging, or strengthening any levee or levees, adjacent to or near any river, on a petition of a majority of the land owners within said district who are of lawful age and represent at least one-third in area of such land, or on a petition of one-third of such adult land owners who represent a majority (major portion) in area of such lands, or on the petition of the commissioners accompanied by an itemized statement of accounts made by the commissioners under oath, showing the moneys received by the district and the manner in which they have been expended, together with the plats and profiles of such additional work and estimated cost of the same; two weeks previous notice of the time set for the hearing of said petition in the manner required by section three (3) of this Act having been given. Upon the hearing of such petition the court may grant the prayer of the same, and cause the jury to be impaneled to make said assessment, as well as an assessment for an annual amount of benefits for maintaining and operating such pumping plant or plants and for keeping such additional work in repair, with like proceedings and notice as near as may be, as in cases of original assessments of damages and benefits under this Act, and such additional assessment or assessments, when made, shall have the same force and effect and be collected in the same manner as original assessments.

APPROVED June 11, 1917.

AGRICULTURAL AND SANITARY PURPOSES.

§ 1. Amends section 15a, Act of 1885.

§ 15a. Effect of organization of drainage districts-elec

tion-offices-vacancy.

(SENATE BILL No. 546. APPROVED JUNE 21, 1917.)

AN ACT to amend section 15a of an Act entitled, "An Act to provide for drainage for agricultural and sanitary purposes, and to repeal certain Acts therein named," approved June 27, 1885, in force July 1, 1885, as subsequently amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 15a of an Act entitled, "An Act to provide for drainage for agricultural and sanitary purposes, and to repeal certain Acts therein named," approved June 27, 1885, in force July 1, 1885, as subsequently amended, be amended so as to read as follows:

§ 15a. Upon the organization of any drainage district as provided in section 15 of this Act, the duties and obligations of the commissioners of highways, as said drainage commissioners of such district shall cease as soon as drainage commissioners shall have been elected and qualified as herein provided. It shall be the duty of the town clerk to call an election in each district in his township, including the new districts organized during the previous year, by giving ten (10) days' notice that an election will be held (specifying time and place), said notices shall be posted in three (3) conspicuous places in said districts. Elections shall be held in the several drainage districts organized under this Act on the second Saturday in March of each year, between, the hours of 2:00 and 6:00 o'clock p. m.[:] Provided, however, that in case the town clerk shall at any time fail, refuse or neglect to give the notice herein required and by reason thereof no election is held on the second Saturday of March, as aforesaid, then the clerk shall, upon the demand of any drainage commissioner or any person interested, call an election for such purpose and give notice, and said election may be held at any time in such case after the second Saturday of March of each year, and the commissioners elected at such election shall be the drainage commisisoners of said district, and in case of the expiration of the term of office of any commissioner, or all of them, a new set of commissioners may be elected as the case may be under the notice as aforesaid.

At the first election in each district there shall be elected three (3) commissioners, one for one year, one for two years, and one for three years, and annually thereafter, one drainage commissioner shall be elected who shall hold his office three years, and until his successor is elected and qualified. Every adult owner of land in the district, whether residing within or without the district, shall be a voter, and if a resident of the county in which the district or any part thereof lies, eligible to the office of drainage commissioner. Said elections shall be conducted after the manner provided by law governing school elections. Commissioners of highways shall act as judges and clerk of the first election. held in any district; thereafter the drainage commissioners shall act

as judges and clerk of elections in their respective districts. If said commissioners be not present, it shall be competent for the electors present to select judges and clerk of said election. Returns of said election shall be made to the town clerk, who shall record the same in a book kept for that purpose. Said commissioners shall take the oath of office before some officer autharized to administer oaths. Said commissioners shall be known by the corporate name of drainage commissioners of.. District No. of the town of of .... State of Illinois, and by that name shall be a politic and corporate, and may sue and be sued, plead and be impleaded, contract and be contracted with, and shall be the corporate authority of their respective districts. Before entering upon their duties as herein provided, the drainage commissioners shall take and subscribe an oath substantially as follows, viz:

We,

county body

drainage commissioners of Drainage District No....., do solemnly swear (or affirm) that we will faithfully and impartially perform the duties required of us to the best of our understanding and judgment and make assessment of damages and benefits (or benefits as the case may be), in favor of or against the land in said district, according to law.

When a vacancy occurs amongst the drainage commissioners, elected under this Act, it shall be the duty of the surviving commissioner or commissioners to call an election to fill the vacancy. The commissioners shall give not less than ten (10) days' notice of the time when and place where the election will be held, and the ballot shall state that the commissioner or commissioners are being elected to fill a vacancy.

APPROVED June 21, 1917.

DRAINS, DITCHES AND LEVEES FOR AGRICULTURAL, SANITARY AND MINING PURPOSES.

§ 1. Amends Act of 1879, by adding section 34a.

§ 34a. Enforcement of payment of assessment, installments or levies.

(HOUSE BILL No. 844. FILED JUNE 29, 1917.

AN ACT to amend an Act entitled, “An Act to provide for the construction, reparation and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes, and to provide for the organization of drainage districts," approved and in force May 29, 1879; as subsequently amended, by adding thereto a new section to be known as section 34A.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act to provide for the construction, reparation and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes, and to provide for the organization of drainage districts," approved and in force May 29, 1879, be and the same is hereby amended by adding thereto a new section to be known as section 34A, to read as follows:

"§ 34A. In case the owner or owners of any lands lying in any district, heretofore or hereafter organized, and which are assessed, fails or neglects to pay any assessment or assessments, installment or installments, tax levy or levies when due, and the same be not collected on or before the annual sale of lands for nonpayment of taxes, the commissioners of such drainage district may file a petition or bill in the Circuit Court of the county in which the land or property upon which such assessment, installment or levy has not been paid, for a foreclosure of such lien; and the commissioners may proceed in the corporate name of the district to foreclose such lien in like manner and with like effect as in foreclosure of mortgages. Any decree rendered in such court may be enforced and collected as other decrees or judgments in the same court. The remedy provided in this section for the collection of delinquent assessments or taxes shall not be construed to abridge or in any manner interfere with the right and power to enforce collection of any delinquent assessment or tax in the manner provided by the revenue laws of this State, or other provisions of the Act to which this amendment applies, but the remedy herein provided shall be taken and held as an additional means to enforce payment of such delinquent assessment or tax.

FILED June 29, 1917.

This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being in session, it has thereby become a law. Witness my hand this twenty-ninth day of June, A. D. 1917.

LOUIS L. EMMERSON, Secretary of State.

LITTLE WABASH RIVER DRAINAGE DISTRICT.

§ 1. District to be organized for the § 14. Meetings
improvement of the Little Wa-
bash River below Miller Creek.