Repairs and improvements, how made--hearing when cost exceedsmaintenance fund--form of notice.
243.220. 1. When any ditches or other improvementsconstructed under this chapter need to be enlarged, cleaned out,obstructions removed therefrom or new work done, five or more ofthe owners of land originally assessed for the construction ofany such ditches, or other improvements, may file a statement inwriting with the county clerk setting forth such necessity.
2. Upon the filing of such statement, it shall be the dutyof the county commission, at its next meeting thereafter, todirect the district engineer, or an engineer of their selection,as the case may be, to proceed at once to view the premises andto make a report to the commission in writing of the repairs andimprovements necessary to be made and the probable cost of makingsuch improvements as will restore the said ditch, drain or levyto an efficient condition.
3. It shall be the duty of the county commission toforthwith consider said report and if the commission finds thatthe improvements, or any of them, recommended in said reportshould be made, it shall direct the district engineer, or anengineer of their selection, as the case may be, to proceed withall due diligence in the making of such repairs and improvements,directing such engineer to purchase such supplies and employ suchlabor as may be necessary to accomplish such repairs andimprovements and make an itemized report to the county commissionin that behalf, all of which shall be paid out of the maintenancefund of that district.
4. If it shall be found by the county commission thatrepairs and improvements are necessary to be made at a cost inexcess of the money available from the maintenance fund, then itshould be the duty of the county commission to direct suchrepairs or improvements to be made as may be necessary and can bepaid out of the maintenance fund and to cause the clerk thereofto set the hearing of the matter of the levying of an additionaltax for such improvements as cannot be made out of themaintenance fund, for hearing on the first day of the nextregular term of the county commission and to give notice of suchhearing by publication in three issues of some weekly newspaperpublished in the county, the last insertion to be prior to theday set for the hearing, which said notice may be in thefollowing form:
Notice is hereby given to the landowners of drainage districtNo. ......... of ......... County, Missouri, that a statement hasbeen filed with the undersigned clerk by five or more landownersof said district, alleging that the ditches or other improvementsof said district, should be enlarged, cleaned out, haveobstructions removed, or new work done and that the districtengineer has viewed the premises and reported to the countycommission the necessity for repairs and improvements in excessof the money available from the maintenance fund and that saidstatement and report of the engineer has been set down forhearing on the first day of the next ......... term of the countycommission and unless good cause to the contrary be shown, thecounty commission will make an order requiring the districtengineer, or an engineer of their selection, as the case may be,to cause said ditches to be enlarged, cleaned out, obstructionsremoved therefrom and new work done as may be determined by thecommission and the cost of said work will be divided pro rataaccording to the original assessment of benefits against thelands included in such drainage district.
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Clerk of the county commission of ......... County,
Repairs and improvements, how made--hearing when cost exceedsmaintenance fund--form of notice.
243.220. 1. When any ditches or other improvementsconstructed under this chapter need to be enlarged, cleaned out,obstructions removed therefrom or new work done, five or more ofthe owners of land originally assessed for the construction ofany such ditches, or other improvements, may file a statement inwriting with the county clerk setting forth such necessity.
2. Upon the filing of such statement, it shall be the dutyof the county commission, at its next meeting thereafter, todirect the district engineer, or an engineer of their selection,as the case may be, to proceed at once to view the premises andto make a report to the commission in writing of the repairs andimprovements necessary to be made and the probable cost of makingsuch improvements as will restore the said ditch, drain or levyto an efficient condition.
3. It shall be the duty of the county commission toforthwith consider said report and if the commission finds thatthe improvements, or any of them, recommended in said reportshould be made, it shall direct the district engineer, or anengineer of their selection, as the case may be, to proceed withall due diligence in the making of such repairs and improvements,directing such engineer to purchase such supplies and employ suchlabor as may be necessary to accomplish such repairs andimprovements and make an itemized report to the county commissionin that behalf, all of which shall be paid out of the maintenancefund of that district.
4. If it shall be found by the county commission thatrepairs and improvements are necessary to be made at a cost inexcess of the money available from the maintenance fund, then itshould be the duty of the county commission to direct suchrepairs or improvements to be made as may be necessary and can bepaid out of the maintenance fund and to cause the clerk thereofto set the hearing of the matter of the levying of an additionaltax for such improvements as cannot be made out of themaintenance fund, for hearing on the first day of the nextregular term of the county commission and to give notice of suchhearing by publication in three issues of some weekly newspaperpublished in the county, the last insertion to be prior to theday set for the hearing, which said notice may be in thefollowing form:
Notice is hereby given to the landowners of drainage districtNo. ......... of ......... County, Missouri, that a statement hasbeen filed with the undersigned clerk by five or more landownersof said district, alleging that the ditches or other improvementsof said district, should be enlarged, cleaned out, haveobstructions removed, or new work done and that the districtengineer has viewed the premises and reported to the countycommission the necessity for repairs and improvements in excessof the money available from the maintenance fund and that saidstatement and report of the engineer has been set down forhearing on the first day of the next ......... term of the countycommission and unless good cause to the contrary be shown, thecounty commission will make an order requiring the districtengineer, or an engineer of their selection, as the case may be,to cause said ditches to be enlarged, cleaned out, obstructionsremoved therefrom and new work done as may be determined by thecommission and the cost of said work will be divided pro rataaccording to the original assessment of benefits against thelands included in such drainage district.
...........................
Clerk of the county commission of ......... County,
Repairs and improvements, how made--hearing when cost exceedsmaintenance fund--form of notice.
243.220. 1. When any ditches or other improvementsconstructed under this chapter need to be enlarged, cleaned out,obstructions removed therefrom or new work done, five or more ofthe owners of land originally assessed for the construction ofany such ditches, or other improvements, may file a statement inwriting with the county clerk setting forth such necessity.
2. Upon the filing of such statement, it shall be the dutyof the county commission, at its next meeting thereafter, todirect the district engineer, or an engineer of their selection,as the case may be, to proceed at once to view the premises andto make a report to the commission in writing of the repairs andimprovements necessary to be made and the probable cost of makingsuch improvements as will restore the said ditch, drain or levyto an efficient condition.
3. It shall be the duty of the county commission toforthwith consider said report and if the commission finds thatthe improvements, or any of them, recommended in said reportshould be made, it shall direct the district engineer, or anengineer of their selection, as the case may be, to proceed withall due diligence in the making of such repairs and improvements,directing such engineer to purchase such supplies and employ suchlabor as may be necessary to accomplish such repairs andimprovements and make an itemized report to the county commissionin that behalf, all of which shall be paid out of the maintenancefund of that district.
4. If it shall be found by the county commission thatrepairs and improvements are necessary to be made at a cost inexcess of the money available from the maintenance fund, then itshould be the duty of the county commission to direct suchrepairs or improvements to be made as may be necessary and can bepaid out of the maintenance fund and to cause the clerk thereofto set the hearing of the matter of the levying of an additionaltax for such improvements as cannot be made out of themaintenance fund, for hearing on the first day of the nextregular term of the county commission and to give notice of suchhearing by publication in three issues of some weekly newspaperpublished in the county, the last insertion to be prior to theday set for the hearing, which said notice may be in thefollowing form:
Notice is hereby given to the landowners of drainage districtNo. ......... of ......... County, Missouri, that a statement hasbeen filed with the undersigned clerk by five or more landownersof said district, alleging that the ditches or other improvementsof said district, should be enlarged, cleaned out, haveobstructions removed, or new work done and that the districtengineer has viewed the premises and reported to the countycommission the necessity for repairs and improvements in excessof the money available from the maintenance fund and that saidstatement and report of the engineer has been set down forhearing on the first day of the next ......... term of the countycommission and unless good cause to the contrary be shown, thecounty commission will make an order requiring the districtengineer, or an engineer of their selection, as the case may be,to cause said ditches to be enlarged, cleaned out, obstructionsremoved therefrom and new work done as may be determined by thecommission and the cost of said work will be divided pro rataaccording to the original assessment of benefits against thelands included in such drainage district.
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Clerk of the county commission of ......... County,
