468.356 - PETITION -- PROCEDURE -- EMERGENCY PUMPING STATION.
468.356 PETITION -- PROCEDURE -- EMERGENCY PUMPING STATION. Such pumping station shall not be established or maintained unless a petition therefor shall be presented to the board signed by not less than one-third of the owners of lands benefited thereby. The lands benefited by such pumping station shall be determined by the board on said petition and report of the engineer, and such other evidence as it may hear. No additional land shall be taken into any such drainage district after the improvements therein have been substantially completed, unless one-third of the owners of the land proposed to be annexed have petitioned therefor or consented in writing thereto. However, the board of supervisors may install a temporary portable pumping station to remove flood waters in an emergency. The board of supervisors shall levy and collect the cost of the purchase, operation and maintenance of the pumping station from the lands in the district benefited by the pumping station in the same manner as provided for in the construction and maintenance of a drainage or levee district. For the purpose of this paragraph an emergency occurs when ponded or standing water does not freely flow to the outlet ditch and the capacity of the outlet ditch is not fully used.
Section History: Early Form [S13, § 1989-a49; C24, 27, 31, 35, 39, § 7652; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 461.2]
Section History: Recent Form 85 Acts, ch 166, §1; 89 Acts, ch 126, § 2 CS89, § 468.356