24-709.Superintendents of construction; payment for labor andmaterials.(a) The commissioners of drainage appointed in suchproceeding shall besuperintendents of construction of the work of drainage, and shall haveauthority to employ labor and to make contracts for the performance of suchwork and for the purchase of material therefor. The drainagecommissioners shall not enter intoany contract for labor or purchase of material for the construction ofsuchwork until a sufficient amount of money has been paidto the clerkof the court, by the persons against whom benefits are assessed, to pay forall labor and material covered by such contract. The drainage commissionersshall keep a record of the work and the progress thereof, and it shall betheir duty to file with the clerk of the court and present to the court, onSeptember 1 of each year, areport of their acts and doings assuch drainage commissioners up to the day of the filing of such report.Such report shall set forth all contracts entered into and the amount ofthe same, and what work has been performed thereunder, and the expensethereof, and also all work done by such commissioners through laboremployed directly by them, and the cost thereof. The reportshall set out,specifically, each day on which each of such commissionershas beenemployed in the superintendence or construction of suchwork, which reportshall be verified by both of such commissioners.
(b) Such commissioners shall at all times be under the control anddirectionof the court, and for any failure to obey the orders of the court on thepart of such drainage commissioners the court shall have the authority todeny either or both of such commissioners any compensation for theirservices as such commissioners, or to deduct a part of their compensationfor their services, and power and authority to punish such commissionerssummarily as for contempt if they shall in any manner fail to obey theorders of the court made in said proceeding. Suit may also be brought uponthe bond of such commissioners in the name of the state for any failure ofduty, and the amount recovered shall be applied in payment of the costs andexpenses of the construction of the work. The court may at any timedischarge such commissioners and appoint others in their place.
(c) It shall be the duty of the commissioners to keep an accurateaccount ofall labor performed in the work of construction, and to furnish to eachperson performing labor under their employment, and to each person to whomany contract may be let by them for such construction, a statement signedby both of such commissioners, showing what amount is due such person forlabor or to any contractor for contract work performed in the constructionof such drain, and to any person who shall furnish material for theconstruction of such drain. Such commissioners shall notfurnish anyvoucher to any laborer, contractor or materialman until thelabor has been performed or material furnished and received on thework of suchcommissioners. The clerk of the court shall not pay to any contractor,materialman or laborer any sum for work, labor or material performed orfurnished in the construction of such drain, except upon a certificatesigned by both of such drainage commissioners, showing the amount due forlabor or material.
History: L. 1907, ch. 197, § 7;R.S. 1923, 24-709;L. 2007, ch. 190, § 7; July 1.
24-709.Superintendents of construction; payment for labor andmaterials.(a) The commissioners of drainage appointed in suchproceeding shall besuperintendents of construction of the work of drainage, and shall haveauthority to employ labor and to make contracts for the performance of suchwork and for the purchase of material therefor. The drainagecommissioners shall not enter intoany contract for labor or purchase of material for the construction ofsuchwork until a sufficient amount of money has been paidto the clerkof the court, by the persons against whom benefits are assessed, to pay forall labor and material covered by such contract. The drainage commissionersshall keep a record of the work and the progress thereof, and it shall betheir duty to file with the clerk of the court and present to the court, onSeptember 1 of each year, areport of their acts and doings assuch drainage commissioners up to the day of the filing of such report.Such report shall set forth all contracts entered into and the amount ofthe same, and what work has been performed thereunder, and the expensethereof, and also all work done by such commissioners through laboremployed directly by them, and the cost thereof. The reportshall set out,specifically, each day on which each of such commissionershas beenemployed in the superintendence or construction of suchwork, which reportshall be verified by both of such commissioners.
(b) Such commissioners shall at all times be under the control anddirectionof the court, and for any failure to obey the orders of the court on thepart of such drainage commissioners the court shall have the authority todeny either or both of such commissioners any compensation for theirservices as such commissioners, or to deduct a part of their compensationfor their services, and power and authority to punish such commissionerssummarily as for contempt if they shall in any manner fail to obey theorders of the court made in said proceeding. Suit may also be brought uponthe bond of such commissioners in the name of the state for any failure ofduty, and the amount recovered shall be applied in payment of the costs andexpenses of the construction of the work. The court may at any timedischarge such commissioners and appoint others in their place.
(c) It shall be the duty of the commissioners to keep an accurateaccount ofall labor performed in the work of construction, and to furnish to eachperson performing labor under their employment, and to each person to whomany contract may be let by them for such construction, a statement signedby both of such commissioners, showing what amount is due such person forlabor or to any contractor for contract work performed in the constructionof such drain, and to any person who shall furnish material for theconstruction of such drain. Such commissioners shall notfurnish anyvoucher to any laborer, contractor or materialman until thelabor has been performed or material furnished and received on thework of suchcommissioners. The clerk of the court shall not pay to any contractor,materialman or laborer any sum for work, labor or material performed orfurnished in the construction of such drain, except upon a certificatesigned by both of such drainage commissioners, showing the amount due forlabor or material.
History: L. 1907, ch. 197, § 7;R.S. 1923, 24-709;L. 2007, ch. 190, § 7; July 1.
24-709.Superintendents of construction; payment for labor andmaterials.(a) The commissioners of drainage appointed in suchproceeding shall besuperintendents of construction of the work of drainage, and shall haveauthority to employ labor and to make contracts for the performance of suchwork and for the purchase of material therefor. The drainagecommissioners shall not enter intoany contract for labor or purchase of material for the construction ofsuchwork until a sufficient amount of money has been paidto the clerkof the court, by the persons against whom benefits are assessed, to pay forall labor and material covered by such contract. The drainage commissionersshall keep a record of the work and the progress thereof, and it shall betheir duty to file with the clerk of the court and present to the court, onSeptember 1 of each year, areport of their acts and doings assuch drainage commissioners up to the day of the filing of such report.Such report shall set forth all contracts entered into and the amount ofthe same, and what work has been performed thereunder, and the expensethereof, and also all work done by such commissioners through laboremployed directly by them, and the cost thereof. The reportshall set out,specifically, each day on which each of such commissionershas beenemployed in the superintendence or construction of suchwork, which reportshall be verified by both of such commissioners.
(b) Such commissioners shall at all times be under the control anddirectionof the court, and for any failure to obey the orders of the court on thepart of such drainage commissioners the court shall have the authority todeny either or both of such commissioners any compensation for theirservices as such commissioners, or to deduct a part of their compensationfor their services, and power and authority to punish such commissionerssummarily as for contempt if they shall in any manner fail to obey theorders of the court made in said proceeding. Suit may also be brought uponthe bond of such commissioners in the name of the state for any failure ofduty, and the amount recovered shall be applied in payment of the costs andexpenses of the construction of the work. The court may at any timedischarge such commissioners and appoint others in their place.
(c) It shall be the duty of the commissioners to keep an accurateaccount ofall labor performed in the work of construction, and to furnish to eachperson performing labor under their employment, and to each person to whomany contract may be let by them for such construction, a statement signedby both of such commissioners, showing what amount is due such person forlabor or to any contractor for contract work performed in the constructionof such drain, and to any person who shall furnish material for theconstruction of such drain. Such commissioners shall notfurnish anyvoucher to any laborer, contractor or materialman until thelabor has been performed or material furnished and received on thework of suchcommissioners. The clerk of the court shall not pay to any contractor,materialman or laborer any sum for work, labor or material performed orfurnished in the construction of such drain, except upon a certificatesigned by both of such drainage commissioners, showing the amount due forlabor or material.
History: L. 1907, ch. 197, § 7;R.S. 1923, 24-709;L. 2007, ch. 190, § 7; July 1.
