The advocate and Topeka tribune., 1893-04-12

having flrst given two weeks notice of the
time and place that bids viii be received, by
publication In newspaper published In said
county. The leVee TO be constructed shall be
divided into sections of not more than twenty
rods each, and the construction Of each section
let IS aforesaid: PTOUtded, That the owner Of
any land over or on which such leVee Is to be
constructed, or other person directly interested
therein, may construct the same upon such
land according to the specifications within q
time to be fixed by the board, and shall, upon
completion thereof, be released from liability
of assessment or taxes TOR the construction or
sucn levee, except his proportion Of the e1-
pense and cost Of view, survey, and the work
marking the work necessary to be DONE The
board may make arrangements with such own
era or other persons directly interested, to
construct such portion OF such levee without
first advertising for bids.
SEC, 9. The county board shall enter into q
contract with the successful bidder for the
work necessary to be done In constructing said
levee, putting In water gates, and all things
necessary TO be done In and about the con-
struotiOn of such levee, but neither the
county, nor the county board, shall be liable
under such contract until the money assessed
for the construction Of such levee has been
collected and paid into the county treasury, az
herein provided
SEC. 10, As soon as such contracts are made,
the county board shall determine the entire
cost and expense OF constructing such levee,
including water gates and all other necessary
things thereto, including all proceeding had
under this act, as well as the damages allowed
to the hand owners, and the county clerk shall
appOrtlon the same TO and between the several
tracts of lands, railroads and highways 70 be
directly benefited by such leVee, In proportion
to the sums reported by the viewers as the
basis of benefit to each respectively, and shall
place the same on the tax roll Of the county
opposite the description OF suoh tracks and
such railroad companies respectively, and the
shall hsa a lion thnPaOn and knN vwRkh
and as other taxes are collected against such
lands and railroads, and shall be subject to the
same rebate, penalties, costs, interest and
sales as taxes generally The amounts appor-
toned to highways shall be paid out Of the
road taxes collected by the county treasurer
for the township or townships In which such
levee Is situated. II q surplus shall arise from
the moneys SO collected over and above the
amounts necessary TO pay all the costs and ex-
penses Of view, survey, marking, and the pay
for the building and construction OF such
levee, such surplus shall be held and applied
from time to time, when necessary, to keep
such levee In repair. The board may from
time to time make such additional app0rtlon-
ment and levy Of taxes on said tracts OF land,
railroads and highways as may be sufficient to
make up any deficiency that may be caused by
the assessment and collection herein provided
for not being adequate to fully pay all costs
and expenses and for the construction Of such
levee, and may, In like manner, annually,
raise such an amount as In Its judgment will
keep such levee Ia repair, The moneys col
lected under this act shall be paid out on the
order of such board,
SEQ II. 1t shall be the duty OF each road
oVerseer through or into whose district such
| levee Is constructed to note any break or leak
In such levee or damage tneret0, and immedl-
ately notify the owner of the land on which
such break, leak, or damage Is situated, and
report the same to the county board. The
owner Of such land may at once repair the
same, and Immediately report his determin9-
tion 80 to do to such road oVerseer. IL he neg
leot to do so in Ave days from time he 10
notified, or IL the county board or such road
Overseer deems an emergency exists for such
repair, the board or such road overseer shall
cause such repair 10 be made Immediately
without notice. IL the repair Of such levee be
made by such owner, then no tax shall be
levied therefor.
SEC. IL. The surveyor, viewers and persons
assisting shall receive for their services the
similar services In laying out and viewing
public roads
SEC. l3. ANY person who shall wlllfully cut,
break, damage, or make leak In such levee,
shall be guilty of q mlsdemeanor, and shall.
upon conviction, be punished by n fine not eX-
ceedlng FIVE hundred dollars or imprisonment
In the county jail not exceeding one year, or
by both such fine and imprisonment
SEC. IA. This act shall take effect and be In
force from and after Its publication In the
official state paper.
Approved March 8, 1898.
/, II. s. Osborn, secretary Of state of the state
of Kansas, do hereby certify that
r,n.,1 the above Is q true and correct copy
l'NH"I of the original enrolled bill now on
hle In my office. -
Secretary of State.
Assistant Secretary Of State