243.230. 1. On the day set for the hearing of the statementdescribed in section 243.220, the county commission shall hearand summarily determine the matter. If the county commissionfinds that the owners of a majority in acreage of said districthave signed said statement, or have joined in the prayer of saidstatement by motion or otherwise, then the county commissionshall find in favor of making the improvement and shall order thedistrict engineer or county highway engineer to go upon saidpremises, investigate the same and report to the countycommission what in his opinion it will cost to restore the saidditch, drain or levee to an efficient condition.
2. Upon the filing of the report by the district engineer orcounty engineer of the probable cost of such work, the countycommission shall thereupon deduct from such estimated costs plusten percent for emergencies, the amount of maintenance funds inthe hands of the county treasurer or other person having custodyof such funds, to the credit of said district, and such portionsof the maintenance funds so deducted, if the county commissionfind in favor of making such improvement, shall thereafter standappropriated and set aside for the doing of such work; and if themaintenance fund is not sufficient to pay such estimated costsplus ten percent for emergencies the county commission shalldivide the residue of the estimated costs of any such work plusten percent for emergencies pro rata according to the originalassessments of benefits against the land and other propertyassessed for benefits in such drainage districts, and the countyclerk shall place the same upon the tax books against the landand other property to be collected as other drainage taxes. Thecounty commission may direct that the tax be paid in annualinstallments, not exceeding five.
3. If the county commission finds in favor of the work, itshall order the district engineer or county highway engineer tohave the work done and superintend the same, and from time totime bring into the county commission a statement of the progressof the work, and the amount due thereon shall be paid by order ofthe county commission, on warrants to be drawn on the maintenancefunds of the district benefited; provided, however, if the countycommission has purchased a dredge boat, tools, or other machineryas authorized by section 243.330 and such dredge boat, tools orother machinery are to be used in such contemplated work, beforeany payments for work done shall be made out of maintenance fundsan estimate shall be made by the county commission of areasonable rental value for the use of the dredge boats, toolsand other machinery to be used by such district in suchcontemplated work, or an estimate of such amount as shall bereasonably necessary to take care of all repairs and depreciationon the dredge boat, tools and other machinery used in said workand occasioned thereby, both of which estimates to include thecost of removing said dredge boat, tools and other machineryafter the completion of said work to a point to be designated bythe county commission, and such amount first set apart andappropriated for such purpose and transferred into the generalfund created by section 243.330 for the purchase of a dredgeboat, tools and other machinery. The dredge boats, tools andother machinery provided for in this section may be used for saidwork, and the district engineer or county highway engineer shallkeep a strict account of the cost of doing such work, includingthe repairs and depreciation of machinery and shall file hisreport of same with the county commission, where same shall beand become a permanent part of the record and files of suchdrainage district. Review may be had of an order of the countycommission made in this section as is otherwise provided by lawfor review of orders of county commissions.
243.230. 1. On the day set for the hearing of the statementdescribed in section 243.220, the county commission shall hearand summarily determine the matter. If the county commissionfinds that the owners of a majority in acreage of said districthave signed said statement, or have joined in the prayer of saidstatement by motion or otherwise, then the county commissionshall find in favor of making the improvement and shall order thedistrict engineer or county highway engineer to go upon saidpremises, investigate the same and report to the countycommission what in his opinion it will cost to restore the saidditch, drain or levee to an efficient condition.
2. Upon the filing of the report by the district engineer orcounty engineer of the probable cost of such work, the countycommission shall thereupon deduct from such estimated costs plusten percent for emergencies, the amount of maintenance funds inthe hands of the county treasurer or other person having custodyof such funds, to the credit of said district, and such portionsof the maintenance funds so deducted, if the county commissionfind in favor of making such improvement, shall thereafter standappropriated and set aside for the doing of such work; and if themaintenance fund is not sufficient to pay such estimated costsplus ten percent for emergencies the county commission shalldivide the residue of the estimated costs of any such work plusten percent for emergencies pro rata according to the originalassessments of benefits against the land and other propertyassessed for benefits in such drainage districts, and the countyclerk shall place the same upon the tax books against the landand other property to be collected as other drainage taxes. Thecounty commission may direct that the tax be paid in annualinstallments, not exceeding five.
3. If the county commission finds in favor of the work, itshall order the district engineer or county highway engineer tohave the work done and superintend the same, and from time totime bring into the county commission a statement of the progressof the work, and the amount due thereon shall be paid by order ofthe county commission, on warrants to be drawn on the maintenancefunds of the district benefited; provided, however, if the countycommission has purchased a dredge boat, tools, or other machineryas authorized by section 243.330 and such dredge boat, tools orother machinery are to be used in such contemplated work, beforeany payments for work done shall be made out of maintenance fundsan estimate shall be made by the county commission of areasonable rental value for the use of the dredge boats, toolsand other machinery to be used by such district in suchcontemplated work, or an estimate of such amount as shall bereasonably necessary to take care of all repairs and depreciationon the dredge boat, tools and other machinery used in said workand occasioned thereby, both of which estimates to include thecost of removing said dredge boat, tools and other machineryafter the completion of said work to a point to be designated bythe county commission, and such amount first set apart andappropriated for such purpose and transferred into the generalfund created by section 243.330 for the purchase of a dredgeboat, tools and other machinery. The dredge boats, tools andother machinery provided for in this section may be used for saidwork, and the district engineer or county highway engineer shallkeep a strict account of the cost of doing such work, includingthe repairs and depreciation of machinery and shall file hisreport of same with the county commission, where same shall beand become a permanent part of the record and files of suchdrainage district. Review may be had of an order of the countycommission made in this section as is otherwise provided by lawfor review of orders of county commissions.
243.230. 1. On the day set for the hearing of the statementdescribed in section 243.220, the county commission shall hearand summarily determine the matter. If the county commissionfinds that the owners of a majority in acreage of said districthave signed said statement, or have joined in the prayer of saidstatement by motion or otherwise, then the county commissionshall find in favor of making the improvement and shall order thedistrict engineer or county highway engineer to go upon saidpremises, investigate the same and report to the countycommission what in his opinion it will cost to restore the saidditch, drain or levee to an efficient condition.
2. Upon the filing of the report by the district engineer orcounty engineer of the probable cost of such work, the countycommission shall thereupon deduct from such estimated costs plusten percent for emergencies, the amount of maintenance funds inthe hands of the county treasurer or other person having custodyof such funds, to the credit of said district, and such portionsof the maintenance funds so deducted, if the county commissionfind in favor of making such improvement, shall thereafter standappropriated and set aside for the doing of such work; and if themaintenance fund is not sufficient to pay such estimated costsplus ten percent for emergencies the county commission shalldivide the residue of the estimated costs of any such work plusten percent for emergencies pro rata according to the originalassessments of benefits against the land and other propertyassessed for benefits in such drainage districts, and the countyclerk shall place the same upon the tax books against the landand other property to be collected as other drainage taxes. Thecounty commission may direct that the tax be paid in annualinstallments, not exceeding five.
3. If the county commission finds in favor of the work, itshall order the district engineer or county highway engineer tohave the work done and superintend the same, and from time totime bring into the county commission a statement of the progressof the work, and the amount due thereon shall be paid by order ofthe county commission, on warrants to be drawn on the maintenancefunds of the district benefited; provided, however, if the countycommission has purchased a dredge boat, tools, or other machineryas authorized by section 243.330 and such dredge boat, tools orother machinery are to be used in such contemplated work, beforeany payments for work done shall be made out of maintenance fundsan estimate shall be made by the county commission of areasonable rental value for the use of the dredge boats, toolsand other machinery to be used by such district in suchcontemplated work, or an estimate of such amount as shall bereasonably necessary to take care of all repairs and depreciationon the dredge boat, tools and other machinery used in said workand occasioned thereby, both of which estimates to include thecost of removing said dredge boat, tools and other machineryafter the completion of said work to a point to be designated bythe county commission, and such amount first set apart andappropriated for such purpose and transferred into the generalfund created by section 243.330 for the purchase of a dredgeboat, tools and other machinery. The dredge boats, tools andother machinery provided for in this section may be used for saidwork, and the district engineer or county highway engineer shallkeep a strict account of the cost of doing such work, includingthe repairs and depreciation of machinery and shall file hisreport of same with the county commission, where same shall beand become a permanent part of the record and files of suchdrainage district. Review may be had of an order of the countycommission made in this section as is otherwise provided by lawfor review of orders of county commissions.
