Section 15-1931. Procedure for authorization of construction  


Latest version.
  • 1.  Petition may at any time after the final fixation of boundaries of
      a drainage improvement district be filed with the department asking that
      all or a part of the proposed drainage system  be  constructed.  If  the
      work  desired  is  not  shown on the plans filed or differs from that so
      shown or if the cost of the work  shall  have  changed,  the  department
      shall  on  request  of  the  association  or  of the executive committee
      thereof make plans of such work, estimate  the  cost  thereof  and  make
      tentative  determination  of  the  lands  on which the cost of such work
      should be apportioned, making suitable subdivision of  parcels  and  the
      enhancements thereto, if necessary.
        2.  Such  petition  must be in writing, signed and acknowledged in the
      manner of a deed to be recorded, by a majority  of  the  owners  of  the
      property to share in the cost of the work and representing at least half
      of  the  total of the drainage enhancements of such property as shown by
      the recorded statement of enhancements, with subdivision of parcels made
      as above. The petition shall specify what part or parts of the  work  it
      is  desired  shall  be  built  and  the  estimated  cost  thereof as the
      department may have determined.
        3. On  receipt  of  such  petition  the  department  shall  prepare  a
      description of the proposed work and a special apportionment of the cost
      thereof,  shall  file  such  statement  and apportionment and, after due
      notice, shall hold a hearing thereon. Thereafter  the  department  shall
      determine  as  to whether or not it is to the public interest to proceed
      with the work. The department may approve or reject the  application  or
      modify it and, if necessary, return it for further signatures or require
      a new petition to be filed in lieu thereof.
        4.  If  the  application is approved the approving order shall fix the
      boundaries of the land on which the cost is to be  apportioned  and  the
      apportionment  of  such  cost  in  final form shall be attached thereto.
      Certified copies of the order and apportionment in final form  shall  be
      filed  and  notice  of  such  filing  given.  Thereupon  such  order and
      apportionment may be reviewed as provided by section 15-0905 and in  due
      course shall be recorded.