Jasper County Democrat, Volume 5, Number 22, Rensselaer, Jasper County, 6 September 1902 — The Iroquois OH Notice No. 3. [ARTICLE]

The Iroquois OH Notice No. 3.

To the Friends of Said Improvement:— Th o Board h a s m ad e its order of location, also its order to construct. Ihe viewers report for construction will be filed and notice thereof duly given. The allottments of those who furnish the right of way should be made on their own land (Sec. 9, 21). The petitioners ma y appear in these proceedings on two occasions: First. One of their number may serve the required notice. (See. 4). they will be named as defendants on appeal. (Sec. 6). Ihe county, by reason of the Board’s decision to construct, bears toward the ordered improvement five relations, to-wit: Ist. It is the sole creditor of the improvement, until its special fund is procured. (Sec. b, 7, *o, 27). 2nd. It is the cost paying defendant, to all objections. (Sec. 6,7). 3rd. It is the common agent of all the owners or the improvement to secure a fair apportionment, a sale of bonds, and a levy to pay said bonds. (Sec. 11, 12, 13,149 lnd., 122; loi lnd., o^I). 4th. It will be the sole custodian of the improvement s special fund, until, it is paid out. (Sec. 12). sth. It will be ®P ar t owner and debtor of the improvement for a share of the costs. (Sec. 2,3, 12). . The viewers remaining duties are throe, each of which will require time and great care: Ist. To plan the best and cheapest improvement in proportion to its value, for letting. (Sec. 3). 2nd. To report due compensation and damages for right of way, considering its direction, and the artificial drains absorbed. (Sec. 3,5). 3rd. To apportion the special benefits and ownership of the improvement. (Sec. 3,5, 18). In performing the last duty, the statute requires three items to be considered: Ist.. The value of a legal outlet for present sewage and drainage. (Sec. 18). 2nd. The value of a more convenient outlet for future sewage and drainage. (Sec. 5). 3rd. All benefits accruing from making the improvement. (Sec.. 18). This will include: (a) A betterment of the local health. (152 lnd., 124). (b) A greater convenience of access, (132 lnd., 124) . (c) An avoidance of drainage litigation. (152 lnd., 124). (d) All that makes land more desirable for residence. (152 lnd., 124). (e) All that increases the rental value. (152 lnd. 124). (f) All that increases the market value. (104 lnd., 508). (g) The right to connect laterals. (104 lnd., 508). (h) The deprivation of the right to prevent flowage of water through drains from upper lands. (152 lnd., 125). (i) All present and future conditions must be considered. (152 lnd., 126). <j) Neither height nor distance will excuse. (151 lnd., 521). (k) All beyond sewage or drainage that adds value. (104 lnd., 512) (l) The old channel that may be restored. (m) The amount to a tract is the product of the added per cent. by the present worth. The statute requires that lower lands shall not be assessed to help drain upper lands. (Bee. 18). The viewers, therefore, must look to the mouth of each lateral to which laud is immediately tributary. In performing the viewers’ first duty, the needs of the entire water shed should be provided for in outlet, depth and capacity. (Sec.'l, 3,5). In performing the viewers’ second duty, they should look both to the present and future, touching the right of way. (Sec. 3,5). In performing the viewers’ third duty, they should look to construction, maintenance and repair. Neither viewers, nor Board, can report nor ti.id adversely. (74 lnd., 227; 147 lnd., 47). The petitioners are barred of a dverse action. (108 lnd., 245). Nonpetitioners who do not appeal will also be barred. (91 lnd,, 102) The county Board has still several distiuet duties to perform: Ist. To cause the necessary fees for making the second report and giving notice to be paid. [Sec. 27). 2nd. To decide that the required notice has been given. [Sec. 5). 3rd. To record a default, fix appeal bonds, decide exceptions, give effect to those sustained, also approve and confirm the apportionment as reported or amended. [Sec. 5,6 J. 4th. To give effect to any judgraeut of the Circuit Court. [Sec. 7,8). oth. To direct a letting, receive a report thereof, and approve the contracts. [Sec. 8,9). 6th. To direct a sale of bonds and a levy to pay them. [Sec. 11, 12, 13]. 7th. To hear the report for completion, and direct a final record. [Sec. 241. [156 lnd., 583], All non-exceptors should help the county to defeat exceptions. [Sec. 6,5). All non-appellants should help the county to defeat appeals. [Sec. 7, B], The chief duty of the county is to protect its credit with the improvement. [Sec. 12, 25, 27]. [l3l lnd., 217]. We all want the -best improvement for the least money. We all want a fair distribution of benefits and damages. Each lateral must be treated as a separate improvement. [152 lnd., 244]. This case will remain on the docket until the work is completed. [l4B Ind„ 227]. The county represents all land owners. [149 lnd., 122]. Appellants can only represent themselves. [l4B lnd., 316]. Each friend of the improvement may suffer default or except. [Sec. 5, 6]. Each opponent of the improvement may appeal. [Sec. 6]. While the mission of the petitioners is now virtually ended, we should each avoid all delay and help the project along. The duty of this Committee has been for the public good, and has been made pleasant by your kindness, and you have our thanks. , PRESENTATION COMMITTEE. September 2,190&