Section 1. Common Council to Provide For Establishment of Levee District-May Acquire Land-Cost of-AssessmentBonds. The Common Council shall have power to provide for the establishment of levee districts within the city limits and for the construction of levees, dikes, drains and other works therein, for the protection of the lands within such levee districts from floods or overflow of waters, and for the acquisition of lands rights-of-way, and other rights required therefor by the city, by purchase, condemnation or otherwise, including railroad property. The cost of such land. rights-of-way and other rights, and of the construction of said levees, dikes, drains and other works within any levee district may be paid by assessment of benefits upon all the lands within said levee district, exclusive of improvements thereon, or out of the general fund of the city, or by the issue and sale of the bonds of the city according to law, or partly by assessment and partly out of the general fund, as may be provided by ordinance; or, when two or more of such levee districts may be joined as one benefit district as hereinafter provided. for the acquisition of such lands or rights, and the construction of such improvements, the Common Council shall have power, by ordinance, to provide that the cost of such acquisition and construction may be paid by assessment of benefits upon the lands, exclusive of improvements thereon, in all such districts so joined.

Statutory provisions in regard to levees. (R. S. 1899, Chap. 124. R. S. 1909, Art. X, Chap. 41.)

Authority conferred by this section is exercise of police power, assessment of benefits is not tax, is not governed by constitutional limitations in regard to taxation and is not tak ing private property for public use without due compensation. (Morri son vs Morey, 146 Mo. 543.)

Distinction between drainage laws, sewer laws and levee laws. (Mound

City Land & Stock Co. vs Miller, 170
Mo. 240.)

Assessment must cover all benefited land in district. (State ex rel. vs Wall, 153 Mo. 216.) Assessment not void if land not benefitted is not included in assessment. (State ex rel. vs Lum ber Co., 198 Mo. 430; Corrigan VS Kansas City, 211 Mo. 608; State ex rel. vs St. Louis, 211 Mo. 591.)

Power to issue bonds for levee work. (State ex rel. vs City of Neosho, 203 Mo. 40, 1. c. 83.)

Sec. 2. Board of Public Works-to Devise System of Levees. -The Board of Public Works shall have the power, and it shall be its duty, when any such levee district has been established by the Common Council, to devise and adopt a system of levees, dikes, drains and other works for the protection from floods or overflow, of all lands within such levee district, and to select and designate lands and rights-of-way to be used and appropriated for levees and others works necessary for the uses of said district, and recommend to the Common Council the acquisition of such lands and other rights and the construction of such works.

Surveys and Maps-Estimate Cost-City Engineer Shall Assist-Report to Common Council.-And said Board of Public Works shall cause accurate surveys, maps and profiles to be made of levees, dikes, drains and other works to be constructed, and shall estimate and calculate the cost of the construction of the same, and the City Engineer and his assistants shall assist said. board when required, and the board may, if authorized so to do by the Common Council, employ additional experienced, suitable and competent engineer or engineers to assist said board, and the board shall make a written report to the Common Council of its conclusions, showing the amount, character and kind of work to be done, the location and probable cost thereof, for the information and use of the Common Council.

Sec. 3. Acquisition of Land-Ordinance.-The Common Council may provide, by ordinance, for the acquisition of land, rightsof-way and other rights required by the city in the exercise of the powers conferred in this article, in the manner provided in Article VI of this Charter relating to condemning and damaging private property, or as hereinafter provided.

Sec. 4. Ordinance for the Acquisition of Land, etc.-Assessments of Costs, Damages and Benefits.-The Common Council may provide in the ordinance for the acquisition of the land, rights-of-way and other rights required as aforesaid, and for the construction of the levees, dikes, drains and other works proposed, in which case the acquisition of the land, rights-of-way and other rights, and the assessment of the costs and damages on account of the acquisition of the same, and the assessment of benefits to pay therefor, and the assessment of benefits to pay

for the construction of said levees, dikes, drains and other works, may be had and done in one and the same judicial proceeding.

Benefit District-Description of Property Taken.-The benefit district in any such proceeding may include one or more levee districts as may be provided by ordinance. And in such ordinance, separate descriptions of each piece or parcel of private property to be taken will not be required, but it shall be a sufficient description of the property to be taken, purchased or damaged, to give a description of the entire tract by metes and bounds, whether the same shall be composed of one or more than one piece or parcel.

Plat of Description of Property-City Engineer-To Contain Names of Owners.-After the passage of such ordinance, the city engineer, or his assistants, shall make out and deliver to the Board of Public Works a statement, by map, plat or otherwise, containing a correct description of the several lots or parcels of private property to be purchased, taken or damaged, and containing also the names of the owners so far as known of such lots or parcels of land, if any, to be taken or damaged, or of any estate or interest therein, who may be such at the time of the taking effect of the ordinance providing. for the taking or damaging of such private property.

Sec. 5. Board of Public Works, to Make Plans and Specifications-Calculations of Costs, etc.-May Advertise for Bids-Estimates and Calculations to Be Certified-Record-Conclusive as to Cost.-After the passage of the ordinance as specified in the foregoing section providing for the construction in any levee district or districts of any levee, dike, drain or other works, or system of 'evees, dikes, drains or other works, and the acquisition of the land, rights-of-way and other rights, if any, required therefor, the Board of Public Works shall cause plans and specifications to be made for the work, and shall make estimates and calculations of the cost of such work, exclusive of the cost of the land, rights-of-way and other rights to be acquired, and damages sustained by virtue of said improvements, and to that end, may advertise for bids or proposals for the whole or any part of the work; and the said board shall be aided in making said estimates and calculations by the City Engineer and his assistants, and by such other persons, if any, as may be employed by said board by authority of the Common Council, the cost of such work to include the cost of any material required for the said work; and such estimates and calculations of the cost of such work, when com

pleted, shall be certified to under the hand of the president and secretary, and a record thereof shall be made and kept in the office of said board; and said estimates and calculations of the board shall be conclusive as to the cost of such work in all proceedings for the assessment of benefits to pay there for as hereinafter provided.

Presenting in Circuit Court-Petition to Allege, What-Prayer of Jury of Six Freeholders.-After the plans and specifications of the work provided by the said ordinance to be done, and the estimates and calculations of the cost of the same, shall have been completed, the city shall file a proceeding in the Circuit Court of Jackson county, Missouri, at Kansas City, in the name of the city, the same to be conducted in all respects as proceedings for the condemnation of lands for the establishment of parks and boulevards as provided in Article XIII of this Charter. In the petition filed by the city in such proceeding, the city shall allege the passage and approval of the ordinance providing for the work specified therein to be done, the condemnation of land, rights-of-way and other rights required therefor, if the same shall have been provided for in the ordinance, and the estimated cost of the work as shown by the record of the Board of Public Works, and the prayer of the petition shall be that the court shall summon a jury of six freeholders who shall not be interested in any property or rights to be taken, purchased or damaged, for the assessment of the costs and damages on account of the property and rights to be taken or damaged, and the benefits arising from said proposed improvement, including all benefits to the city at large, and that the court shall find and determine the validity of said ordinance, and the amount, if any, for which the respective lots, tracts, and parcels of land within the benefit district described in the ordinance shall be charged for the acquisition of the property and rights to be acquired, if any, and the construction of the improvements provided for by said ordinance.

Sec. 6. Process, How Served-Evidence.-Service of process in the proceedings specified in the preceding section shall be governed by the provisions of Article XIII of this Charter, relating to service of notice and summons in proceedings for the ascertainment of benefits and damages for the condemnation of lands for parks and boulevards. In such proceeding, the city may offer in evidence the plans and specifications of the work to be done and improvements to be made as provided by the ordinance and approved by the Board of Public Works together with the estimates