21-410 - Procedure for issuance of additional bonds.
§ 21-410. Procedure for issuance of additional bonds.
The proceedings for the issue of such additional bonds shall be substantiallyas follows: The board of viewers of each drainage project in the county inwhich the petition was originally filed shall issue a notice to all theowners of land within the drainage project, setting forth all the facts whichrequire the expenditure of more money and the issue of additional bonds tocomplete the drainage system, which shall be accompanied by therecommendation of the drainage engineer, selected by the board of viewersdirecting each to appear before them on a certain day, mentioning the day, atleast ten days' notice being given, and show cause, if any they have, why theadditional bonds should not be authorized and issued, which notice shall beserved personally on each such landowner by leaving a copy at their residenceor place of business, and, if the same cannot be personally served, then itshall be served by publication as hereinbefore stated, or in the mannerauthorized by law. Any landowner may file an answer denying any materialallegation in the notice or setting forth any valid objection to the samebefore the return day thereof. Upon the day when the notice is returnable, oron such day, as to which the same may have been continued, the board ofviewers shall proceed to hear the answers. If they find that the answers arenot material, and that the issue of additional bonds is advisable ornecessary, it shall make an appropriate order authorizing and directing theissue of such additional bonds, fixing the amount of the issue, the date ofthe same, the time when the interest and principal shall be payable, and allother matters necessary and appropriate in the premises. Any landowner mayappeal from the order of the board of viewers, as provided by Chapter 26 (§8.01-669 et seq.) of Title 8.01, and on such appeal only the issue raised inthe answer shall be considered. After the board of viewers shall have orderedthe additional issue of bonds the further procedure as to the assessmentrolls, the levy and collecting of drainage taxes, the disbursement of therevenue therefrom for the payment the bonds and interest thereon, and allfuture procedure shall be the same as required by the preceding sections ofthis chapter, and amendments thereto, for the establishment of drainageprojects.
(Code 1919, § 1777; 1926, p. 626; 1954, c. 642.)