« ForrigeFortsett »
of highways, as the case may be, and shall be agreed upon or ascertained at the same time and in the same manner as other damages arising from the construction of such work as hereinbefore provided in this Act. § 79. If any special assessment or any part thereof, for the construction or repair of any work in any drainage district heretofore or hereafter organized under this Act, whether the same is made prior to the taking effect of this amendment or hereafter made, has been or shall hereafter be annulled or be held not legally made by any court of competent jurisdiction, on account of the failure to give proper notice or the failure of any officer to perform any of his statutory duties, or on account of any other matters not affecting the merits of the assessment, a new assessment may be made and returned therefor, and the proceedings therefor shall be the same as hereinbefore provided for the prior assessment, and all parties interested shall have like rights and like powers in relation to any such subsequent assessment as are hereby given in relation to prior assessment, and if only a part of the said special assessment shall be so annulled, or be held not legally made, then in making the reassessment it will not be necessary to proceed in any way against the lands in reference to which the assessment has not been set aside, but the proceedings shall only be had with reference to the lands in reference to which the assessment has been annulled or held not legally made as aforesaid. No such special assessment shall be held void because levied to pay for work already done or contracted for, if it appears that such work was done in good faith under a contract duly let and executed in substantial compliance with the plans providing for the same. The fact that the prior assessment may have been held invalid by the court for the reason that the meetings of the drainage commissioners in reference thereto were held outside of the drainage district, or that lands or drains of another drainage district were included in such district, or that the same was held insufficient for any other reason, shall not be a bar to a subsequent assessment to pay for the work done and for which such prior assessment was ordered to be made. The fact that the drainage commissioners have already made or attempted to make a subsequent assessment to pay for the said work done in contemplation of such prior assessment set aside, annulled or held invalid. by the court, shall, also, not be construed to prevent the application of this section. § 80. The word “ditch” when used in this Act, shall be held to include any drain or watercourse, and when the word “ditch” is used in the petition for any drainage district it shall be held to mean and include any side, lateral, spur or branch ditch or drain, whether opened, covered, or tiled, and any natural water-course into which such drains or ditches may enter for the purpose of outlet, whether such watercourse is situated in or outside of the district. And to secure complete drainage of the lands within any drainage district, the commissioners are hereby vested with full power to widen, straighten, deepen, or enlarge any such watercourse, and when it is necessary, to straighten such natural watercourses by cutting a new channel upon other lands, the value of such lands to be occupied by such new channel and damages,
if any, made by such work may be ascertained and paid in the manner that is now or may hereafter be provided by any law provided for the exercise of the right of eminent domain in force in this State. This section shall apply to any and all drainage districts that have been heretofore or may hereafter be organized under this Act.
$ 81. Where, under the law there is only one commissioner of highway, the sole commissioner of highways in each town in the several counties under township organization in this State shall be the drainage commissioner in and for all drainage districts in their respective towns, organized under this law, and shall be known by the corporate name of “Drainage Commissioner of Drainage District No. . . . . . . . . of the Town of . . . . . . . . . . . . . . . . . . . . , County of . . . . . . . . . . . . . . . . . . . . and State of Illinois,” and by that name shall be a body politic and may sue and be sued, plead and be impleaded, contract and be contracted with, and shall have all of the powers provided by this Act for commissioners of highways and all of the provisions of this Act referring to “Commissioners of Highways” or “Commissioners” shall apply to, and all of the powers given them shall be held and exercised by the said sole commissioner of highways, when acting as such drainage commissioner. In the case of a union drainage district, where there is only one commissioner of highways in each of the two townships in which the lands in the said drainage district lie, that the sole commissioners of highways of the said two townships shall exercise the powers and authorities given by this Act to the commissioners of highways to be selected by the town clerk under this Act, and that the sole commissioner of highways of the township in which the majority of the lands of said union drainage district lie, shall, in all matters, where there is any disagreement between the two commissioners of highways acting as drainage commissioners, have two votes.
§ 2. Section 15b 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 amended, is repealed.
APPROVED June 28, 1919.
§ 1. Amends section 15a, Act of 1885. § 15a. Effect of organization of drainage districts —election—officers — oath—vacancy.
(House BILL No. 301. APPROVED JUNE 28, 1919.)
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 amended. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: 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 amended, is amended 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, of 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 notice 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 4:00 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 commissioners 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 authorized to administer oaths. Said Commissioners shall be known by the corporate name of drainage commissioners of . . . . . . . . . . District No. . . . . of the town of . . . . . . . . . . County of... . . . . . . . . , State of Illinois, and by that name shall be a body politic and corporate, and may sue and be sued, plead and be impleaded, contract and be contracted with, and shall be the corporate othority of their respective districts. Before entering upon their dies as herein provided, the drainage commissioners shall'take and subscribe an oath substantially as follows, viz: D ..We . . . . . . . . to . . . . . . . . . . . . . . . . . . . ; drainage commissioners of rainage 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 28, 1919.
LANDS PROTECTED FROM IN UNDATION AND OVERFLOW TO BE INCLUDICD.
5 1. Adds section 78, Act of 1879. $ 78. Lawful to include in drainage district all lands protected from inundation, etc.
(House, BILL No. 69. FILEd MAY 29, 1919.)
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 29th, 1879, and the Acts amendatory thereto. 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”, be amended by adding thereto a section, to be known as section 78, to read as follows:— § 78. In the organization of drainage districts under this Act, where the works of the district include the construction of levees to protect the lands within said district from inundation and overflow, and the installation of a pumping plant, it shall be lawful to include Within the boundaries of said district all the lands protected from inundation and overflow and all lands benefited by reason of the construction of levees, and the installation of said pumping plant, regardless of whether or not any of said lands are included within the boundaries of any other district organized under the laws of the state of Illinois, the works of which district consist only of ditches and drains and do not include the construction of levees and the installation of Pumping plants. FILED May 29, 1919.
--— Ge This bill having remained with the Governor ten days, Sundays excepted, the eneral Assembly being in session, it has thereby become a law. Witness my hand this twenty-ninth day of May, A. D. 1919. Louis L. EMMERSoN, Secretary of State.
LEVEE AS PART OF WORK IN DRAINAGE DISTRICTS.
§ 1. Amends section 59, Act of 1879. $ 59. May build additional dra in S, etc. — Inay
cause additional assessments.
(SENATE BILL No. 167. APPROVED JUNE 23, 1919.)
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 May 29, 1879, in force May 29, 1879, as subsequently amended, by amending section fifty-nine (59) 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 May 29, 1879, in force May 29, 1879, as subsequently amended, be and the same is hereby amended by amending section fiftynine (59) to read as follows: § 59. If, after an assessment of lands throughout the district has been made for the purpose of constructing drains or ditches, or enlarging or repairing the main drains or ditches of said district, according to the profiles, plans and specifications of the commissioners, as reported and confirmed, there remain lands in particular localities in any original district which maintains a levee as a part of its work, which are in need of more minute and complete drainage, and it shall appear to the commissioners that, in their judgment, additional ditches, drains, outlets, levees, pumping plants or other work are needed in order to afford more complete drainage, they may prepare a special report as hereinafter provided and file the same and organize a sub-district, in any original district which maintains a levee as a part of its work, in the manner hereinafter set forth without the necessity of a petition of the land owners therefor, and in all cases in any original district which maintains a levee as a part of its work, where, upon written application to the commissioners signed by a majority in number of the adult land owners in such locality owning in the aggregate more than one-third of the land affected, or by the adult land owners of a major part of the land in such locality who constitute one-third or more of the owners of the land affected, it shall appear that additional ditches, drains, outlets, levees, pumping plants or other work are necessary in order to afford more complete drainage to such locality, it shall be the duty of such commissioners to examine such lands, and lay off and make plans, profiles and specifications of such additional work, and an estimate of the cost of the same and make a special report thereof, which special report, whether filed on petition of the land owners or not, shall describe all of the lands which will be either benefited or damaged by such additional work, together with the names of the owners, when known ; and said commissioners may use any money in their hands not otherwise appropriated to pay the necessary expenses of pre