« ForrigeFortsett »
notified, or the road in reference to which the commissioner of highways has not received the proper notice. § 29. It shall be competent for the commissioners to order the tax to be paid in installments of such amounts and at such times as will be convenient for the accomplishment of the proposed work; otherwise the whole amount of such tax shall be payable thirty days after such confirmation, and shall upon a certified copy of the tax list or the appropriate part thereof being filed for record in the office of the recorder of deeds of the county where the land lies, be a lien upon the lands assessed until paid; and such taxes shall draw interest until they are paid, and such interest may be collected and enforced as part of the taxes. The payment of an installment of any assessment or judgment therefor shall be an estoppel against any objections to succeeding installments of the same assessment against that tract which might have been urged against such prior installment. No writ of error to review any judgment or order entered under this Act shall be brought after six months from the entry of such judgment; nor shall the organization of the drainage district or its jurisdiction over any lands therein be subject to attack by quo warranto or otherwise after the confirming of any assessment thereon. § 42. Nothing in this Act shall be construed to forbid the land owners within the district to more completely drain their lands by using the common drains as outlets to lateral drains; and the owners of lands outside the drainage district, or in other drainage districts, may conHect with the ditches of the district already made, by the payment of such amount as they would have been assessed if originally included in the district, or if such connection shall by increase of water, require an enlargement of the district ditches, then the outside owners of land so connecting, or other drainage districts, as may be, shall pay the costs of such enlargement. If individual land owners outside the district shall so connect, they shall be deemed to have voluntarily applied to be included in the district, and their lands benefited by such drainage shall be treated, classified and taxed like other lands within the district. Drainage commissioners may, at any time, enlarge the boundaries of their district by attaching new areas of land which are involved in the same system of drainage and require for an outlet the drains of the district made or proposed to be made, as the case may be, upon petition of as great a proportion of the land owners of the area to be added as is required for the original district. All changes thus made in the district shall be duly noted and shown upon the map and recorded in the drainage record. If, after the organization of any drainage district the commisSioners thereof shall be of the opinion that there are lands lying outside of such drainage district, as organized, which are or will be benefited by the work done in said drainage district, or by work ordered to be done therein, such lands, in case they are not included in any other drainage district, shall be deemed to have made voluntary application to be included in said drainage district, by the work of which they are or will be benefited; and thereupon the commissioners shall prepare a petition setting forth a description of such lands or land benefited, giving the name of the owner or owners thereof, if known, and the postoffice address of such owner, together with a general description of the drain or ditch, if any, making connection with the ditches of such district; such petition shall be filed in the County Court of the county where such district was organized. The court shall fix a day when the court will hear such petition and thereupon the commissioners shall give ten days’ notice thereof, which notice shall embrace a copy of the petition and service thereof shall be by delivering a copy thereof to each owner named therein, or by publishing a copy thereof in some newspaper in the county where said lands, or the greater part thereof lie, or by posting ten copies thereof in ten of the most public places in or near the land sought to be annexed to the drainage district, the certificate of the publisher or the affidavit of the person delivering or posting such notices shall be evidence thereof. At the time fixed, or at a time continued from such time fixed, the court shall hear said cause, and if judgment is rendered in favor of petitioners, a copy of the petition, and proof of service thereof, together with order of judgment thereon, shall be delivered to the clerk of the drainage district, who shall file and record the same in the drainage record, and upon entry of such judgment the lands described in the said petition shall be deemed a part of the district and subject to all provisions of this Act. Every land owner whose land is thus annexed to any drainage district shall have a right to appeal from the order of the County Court annexing said land to the said drainage district, to the Circuit Court of the said county, upon filing a bond in a sum to be fixed by the judge of the County Court, the said appeal to be prayed within ten (10) days after the order has been entered by the court annexing the said land to the said drainage district. Land annexed to a drainage district under any of the provisions of this section shall be classified and assessed with the other lands therein, unless such classification shall have already been made, in which event the lands so annexed to the district shall be classified proportionately to such established classification with like proceedings in reference to assessment and right of appeal. § 43. Sub-districts may be formed by owners of land in main districts for the purpose of local or more minute drainage in the manner provided in this Act for the organization of main districts. Such sub-districts shall have the right to use the ditches of the main district for outlets; or in drainage districts organized or proposed to be organized which have one or more lateral drains or proposed drains which are independent of each other, except as to the main drain or outlet, and which do now or will drain separate areas within said district, it shall be and may be lawful for the commissioners, at their option, to divide the districts into as many sub-districts as there are separate areas for the purpose of making assessments of benefits for the work to be done in said sub-district; such division may be made so as to form one or more such districts at the same time, or from time to time as the commissioners may deem expedient: Provided, the formation of sub-districts on either method as above provided shall not operate
to release the lands in such sub-districts from the payment of any assessment or levy made prior to such division nor from any assessment or tax levy which may thereafter be made for the completion, maintenance or repair of the main work, or for the payment of the principal and interest on any indebtedness incurred by the main district, nor shall it give such sub-district any claim on the funds of the main district for its local use: Provided, further, that when sub-districts are organized under this Act, which have one or more lateral drains or proposed drains, which are independent of each other, except as to the main sub-district ditch or outlet, and which do now or will drain separate areas within said sub-district, the commissioners may, as provided for in this section, divide such sub-districts into as many minor sub-districts as there are separate areas within such sub-districts to be drained, for the purpose of making assessments of benefits for the local or minute drainage to be done in such minor sub-districts: And, provided, further, that the formation of such minor sub-districts as herein provided for shall not operate to release the lands in such minor subdistricts from the payment of any assessment or levy made prior to such division, nor from any assessment or tax levy which thereafter may be made, for the completion, maintenance or repair of the main outlets or ditches in sub-districts or in main districts, or for the payment of the principal and interest of any indebtedness incurred by the sub-district or main district nor shall it give such minor sub-district any claim upon the funds of the sub-district or the main district for its local use. Sub-districts which contain not less than five sections of land, upon the filing of a petition signed by a majority of the landowners of said sub-district with the county clerk in favor of the election of a board of commissioners for said sub-district, shall proceed at the next succeeding annual election of drainage commissioners to elect such a drainage board. The notices of the election of such sub-district commissioners, the time of holding and making returns of the same, and the term of office, shall be the same as provided in this Act for the election of commissioners in original or main districts, and the compensation of such commissioners, shall be the same as is provided for main district commissioners. It shall be the duty of the main district commissioners to control all matters pertaining to main district drainage and sub-districts not having independent commissioners. Sub-district commissioners, as provided for in this Act, shall have charge of and control over all matters pertaining to drainage within their respective sub-districts and of drainage within their respective minor sub-districts, as provided for in this Act, except such work as belongs exclusively to the main districts and classification and assessments made within such sub-districts and such minor sub-districts on account of the main work. The matter of securing right of way, ascertaining damages, review of classification and assessments and appeals therefrom, making repairs, additional work and additional assessments in sub-districts, and minor sub-districts shall be controlled by the provisions of this Act applicable to the main district.
§ 52. Should the court find against the petitioners, it shall enter an order to that effect, and the petition shall thereupon be dismissed at the cost of the petitioners; should the court find in favor of the petitioners, it shall enter an order to that effect, and it shall thereupon be the duty of the court to appoint three drainage commissioners for said district, who shall at once proceed to the examination of the lands in said proposed district; said commissioners shall go upon the lands included in said proposed district, and personally examine the same; they shall have power to employ a competent civil engineer if, in their opinion, the services of an engineer be necessary, who shall make such surveys and estimates as said commissioners may direct, and shall, if required by the commissioners, make and return to them a map, or plat, of his survey, and a full report of all estimates required of him. Said commissioners shall make out and file with the clerk of the court a full report of their acts and doings as such commissioners, together with all maps, plats, surveys and estimates made or caused to be made by them or the engineer employed by them, and may put into said report any recommendation they may deem advisable, which report shall be signed by the commissioners or the majority thereof and filed as aforesaid, on or before the time fixed by the court for the hearing to complete the organization of said district or such further time as the court may give for filing of the same. It shall be the duty of the court at the time of the appointment of said commissioners to fix the time for the hearing of said commissioners’ report as aforesaid, and to complete the organization of said district, and no further notice thereof shall be required, and said commissioners shall then appear before said court and file their report, with all maps, plats, surveys and estimates if the same have not been previously filed in said court. The time fixed by the court for such hearing shall not be more than thirty days subsequent to the date of the appointment of said commissioners. At the time fixed for the said hearing, if the commissioners have not completed their estimates, or for other cause have their report completed, the court may continue the hearing to such further time as will enable the commissioners to complete their work and file their report and other papers as herein required. At the time fixed by the court for the hearing on the report of the commissioners, and to complete the organization of said district, or at the time to which such hearing was continued, any owner of land in said proposed district may appear in person or by attorney and persons under guardianship, by their guardians, and the court shall appoint a guardian ad litem, as in other civil proceedings and any party may file objections in writing, or file an alternative plan of improvement and be heard upon said objections, and said report or alternative plan of improvement; and the court shall hear any competent testimony of witnesses then introduced; and if it shall appear to the court that the lands included in the proposed district will be benefited for agricultural and sanitary purposes, the court shall so find and enter an order declaring such district organized, unless the court shall find from the evidence introduced on such hearing that the cost of the proposed work, or any modification thereof that may be approved by the court, after such hearing, will exceed the benefits to be derived therefrom. In which case the court shall so find and enter an order to that effect; and dismiss the petition: Provided, however, if the owners of lands lying in said district, who own in the aggregate more than one-half of the land lying therein, still desire the formation of said district and such desire shall be evidenced by a failure to withdraw their signatures from the petition, the court shall enter an order declaring said district organized, and the clerk shall enter the same of record, and the district shall thereupon be deemed fully organized and shall be known and designated as “The... . . . . . . . . . . . . . . . . . . . . . . . . . . . . special drainage district, in the county (or counties) of... . . . . . . . . . . . . . . . . . . . . . . . . . and State of Illinois.” The commissioners shall be the corporate authorities thereof, and shall be a body politic and corporate, with like powers as herein conferred upon other drainage commissioners either by this Act or other laws of this State; may sue and be sued, plead and be impleaded, with their corporate name and capacity, which shall be: “The Commissioners of the................................ Special Drainage District in the county (or counties) of.................... and State of Illinois.” § 60. The commissioners shall without delay make out and file in the office of the clerk of said district a classification of the lands and premises in said drainage district, which classification shall be prepared and filed and notice thereof giving as hereinbefore provided in the case of drainage districts located within a single town. § 73. The commissioners provided for in this Act shall receive three dollars per day for the time actually employed in the discharge of the duties of their office. They shall make out their account under oath, and in all districts except special drainage districts, their accounts shall be audited and allowed by the board of auditors of the town in which the district was organized and in special drainage districts their account shall be presented to and allowed by the judge of the court in which the district was organized; and the amount allowed by the board of auditors, or court, as the case may be, shall be paid out of the funds of the district for which the services were rendered. The clerk of the Commissioners shall receive the same fees as is allowed for like services in matters connected with his office. The treasurer shall receive for his services such sum of money as may be fixed by the commissioners, not to exceed two per cent of moneys collected by him, and not to exceed one per cent on moneys paid him by other collectors or treasurers, and in no case shall the treasurer receive to exceed five hundred dollars for his services in any one year for any one district. All fees and allowances shall be paid out of the funds of the district for which the services were or may be rendered. § 74. Neither the drainage district nor the commissioners thereof shall be liable for the building, enlarging or replacing of any farm or highway bridge across the open drains of the district, nor for the maintenance thereof; but the cost thereof, when occasioned by the work of the drainage district, shall be taken into consideration in determining the amount of damage to be allowed to the land owner or commissioner