Number and election of directors after first board. tion of direc tors. the board of directors thereof may, upon the presentation of a petition therefor by a majority of the holders of title or evidence of title of said district, evidenced as above provided, order that on and after the next ensuing election for the district, there shall be either three or five directors, as said board may order, and that they shall be elected by the district at large or by divisions, as so petitioned and ordered; and after such order such directors shall be so elected. Sec. 4. An election shall be held in each district Biennial elec- at such time as may be provided for by the board of county commissioners and biennially thereafter, at which a board of directors for the district shall be elected. The persons receiving the highest number of votes for the office of director at such election is elected thereto, and shall hold office for two years, and until their successors are elected and qualified. Within Time of taking twenty days after receiving their certificates of election, hereinafter provided for, said officers shall subscribe the official oath and execute an official bond in the sum of five hundred dollars, which said bond shall be approved by the judge of the district court and filed with the county clerk of said county where such organization was effected. All official bonds herein provided for shall be in the form prescribed by law for the official bonds of the county officers. office. Bond. of board. Powers and duties. Sec. 5. Within thirty days after their election, the Organization board of directors shall meet and organize as a board, elect a president, secretary, and treasurer from their number, who shall each hold office during the pleasure of the board. The board shall have the power, and it shall be their duty, to manage and conduct the business of the district; make and execute all necessary contracts, employ and appoint such agents, officers, and employes as may be required and prescribe their duties, and generally perform all such acts as shall be necessary to fully carry out the purposes of this act. dent or chair man. Sec. 6. It shall be the duty of the president to Duties of presi- preside at all meetings of the board; to sign all warrants ordered by the board of directors to be drawn upon the treasurer for drainage moneys. In case of the absence or disability of the president, his duties shall be performed by a chairman duly elected. Sec. 7. It shall be the duty of the secretary to atDuties of secre- tend all meetings of the board, keep an accurate journal of its proceedings, have the care and custody the rec tary. ords and papers not otherwise provided for; countersign all warrants drawn upon the treasurer, by order of the board; keep an accurate account of all moneys paid to the treasurer by order of said board, and prepare and submit to the board an annual statement under oath of the receipts and disbursements during the year ending December 31st. He shall receive for his ser- Compensation. vices such compensation as the board may fix and determine. Sec. 8. The treasurer of the board of directors Duties of treasshall subscribe to the oath of office and give a bond to urer. the directors with sufficient sureties and in such sum as it may require, said oath and bond to be approved by the board and filed with its secretary. He shall prepare and submit in writing a monthly report of the receipts and disbursements of his office and pay out drainage moneys only upon a warrant signed by the president, and countersigned by the secretary, and perform such other duties as the board may require. The treasurer shall receive for his services such amount as the board Compensation. of directors may fix and determine. board of direc lic. surveys. Sec. 9. The board of directors shall meet and ad- Meetings of journ from time to time as the business may require, tors to be puband such meetings shall be presided over as provided for in section 6. All meetings of the board must be public, and three or more members shall constitute a quorum for the transaction of business; but on all questions requiring a vote there shall be concurrence of at least three members of said board. All records Records open of the board shall be open to the inspection of any free- to inspection. holder in said district during business hours. The board and its agents and employes shall have the right Right to make to enter upon any lands to make surveys and may locate the necessary drainage works and the line for any drainage canals and the necessary branches for the same, on any lands which may be deemed best for such location. Said board shall have the right to acquire Acquirement of either by purchase or condemnation or other legal and for canals, means all lands and other property necessary for the construction, use, maintenance, repair, and improvement of said canal or canals, drains and works constructed including canals, drains or drain ditches (and being constructed by private owners) and all necessary appurtenances. In case of condemnation the board Condemnation shall proceed in the name of the district, under the drains, etc. of lands. estimate of expense. provisions of the laws of Utah relating to eminent Sec. 10. The board of directors shall, on or beStatement and fore the first day of March of each year, prepare a statement and estimate of the amount necessary for the purpose of constructing and maintaining said drainage canals, flumes, conduits, bridges, culverts, and management and control of such drainage system; and shall forthwith cause to be certified by the president and secretary of said board, to the county clerk, the amount required for drainage purposes for the coming year, after having extended the valuation of County clerk to property on the assessment rolls he shall levy such make levy of tax. Collection of tax. per cent. as shall as near as may be raise the amount required by the board; which levy shall be uniform on all lands within said district as returned on the assessment roll thereof, and the collector or other county officer authorized by law to collect county taxes is hereby authorized and required to place the same on the tax roll of the county, and said tax shall be collected by the collector as the county taxes are collected, and ninety-nine per cent. of the amount so collected shall be paid to the treasurer of said board, promptly as collected, and held by him subject to the order of the board of directors, and at the time provided by law, turn into the county treasury the remaining one per cent. collected, as compensation for assessing and collecting. Provided, That the tax for the purpose of construction and maintenance of such drainage system shall not exceed in any one year one per cent. upon Receipts good all land of said district. Receipts signed by the president and secretary of the board of directors shall be received by the collector in payment of district drainage taxes. Limit of tax. for taxes. a lien on real estate from August 31. Sec. 11. All drainage taxes levied and assessed Drainage taxes under the provisions of this act shall attach to and become a lien on the real property assessed from and after the thirty-first day of August. Drainage taxes shall become due and delinquent at the same time and shall be collected by the same officers in the same manner as State and county taxes. Delinquent taxes. Time of computing and Sec. 12. At the time of computing the tax in the county assessment roll, the county clerk shall compute equalizing tax. the district drainage taxes of the several districts of the county in which drainage taxes have been levied. The board of county commissioners shall sit as a board ! of equalization of district drainage taxes and shall equalize the same at the time and in the manner provided for by law for equalizing State and county taxes. Sec. 13. The board of directors may provide for Compensation the compensation of its members on duly verified of directors. vouchers, under such regulations as it may adopt not to exceed three dollars each for each day's services, actually and necessarily performed under the direction of the board. drainage works. notice. Bids to be asked Sec. 14. After adopting a plan of said drainage Constructing canal or canals, drains, drain ditches and works, the board of directors shall proceed to construct the works under their own superintendence, or may give notice, by publication thereof not less than twenty days, in Publication of one newspaper published or having a general circulation in each of the counties composing the district or in such other newspaper as they may deem advisable, calling for bids for the construction of such work or of any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the for. office of the board and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place appointed, and the same shall be opened in public and as soon as convenient thereafter the board shall let said work, either in portions or as a whole, to the lowest responsible bidder; or they may reject any or Contractor to all bids. Contract for the purchase of material shall give bond. be awarded to the lowest responsible bidder. Any person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board, payable to said district for its use, for twenty-five per cent. of the amount of the contract price, conditioned for the faithful performance of proved. said contract. The work shall be done under the direction and to the satisfaction of the engineer, and to be Limit of indebtapproved by the board. Sec. 15. The board of directors, or other officers of the district shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act; and any debt or liability incurred in excess of such express provision shall be and remain absolutely void ex Work to be ap edness to be incurred. Interest on warrant for expenses of organization. cept that for the purpose of organization, or for any of Sec. 16. This act shall take effect upon approval. CHAPTER CXXXIII. ESTRAYS AND TRESPASSING ANIMALS. AN ACT providing for the disposal of Estrays and Trespassing Animals. Be it enacted by the Legislature of the State of Utah: ESTRAYS. SECTION 1. The constable in each precinct in this Constables are State is hereby made ex-officio the poundkeeper in such poundkeepers. precinct and is entitled to and is hereby made the cus todian of all brand books and brand sheets pertaining thereto, which shall, at all reasonable hours, and without charge be open to the inspection of the public. Sec. 2. All horses, asses, mules and neat cattle Estray animals. Of the age of one year, or upwards, found running at large and upon which there is no brand, except sucking animals running with their mothers and all such animals that are branded, the owner of which cannot, after a reasonable search, be found, and which have been running at large on any range within the State for two years or more, and all hogs found running at large upon the premises of any person other than their owner are hereby declared to be estrays and forfeited to the State. take estrays. Sec. 3. It is hereby made the duty of the poundPoundkeeper to keeper of each precinct in the State to obtain and take into his possession and impound all estrays running within his precinct and to dispose of the same as hereinafter provided. He shall, in person or by deputy, attend all general roundups in his precinct and take |
