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warrant. At the expiration of said period of ten years all sums remaining in said sinking fund shall be transferred to the general fund of said city, but prior thereto no part of said fund shall be used or applied, except in accordance with this act. Nothing herein contained shall be construed as legalizing or excusing any treasurer for any failure or neglect to turn over to his successor in office all public improvement fund held by him as such officer or of which he was custodian by virtue of his office. Nor shall anything contained in this act be construed as excusing or exempting the proper officers from keeping a separate account of the funds arising from each particular improvement ordered by the board of public works, as provided in section 114 of "An act concerning municipal corporations," approved March 6, 1905.

This act amends section 8719a of the Revised Statutes of 1914.

See reference to section 8719a Revision of 1914 in section 8777 this Supplement. [Acts 1921, p. 578. In force May 31, 1921.]

8720a. Bonds for partial payments.-1. When the assessment roll for the cost of the work of improving any street or alley or any other public improvement in any city of this state shall have been finally approved at any time between the first day of March and the first day of September of any year, in cases where the property owners affected shall have elected to pay the cost of such improvement in installments as now provided by law, the first installment of the principal of such assessment, together with the accrued interest thereon, shall be payable on the first Monday of November next succeeding, and the first of the series of bonds issued for the payment of such improvement shall be payable on the first day of December next succeeding and the interest thereon, shall be payable on the first Monday of November next succeeding, and the first of the series of bonds issued for the payment of such improvements shall be payable on the first day of December and the interest therein [thereon] shall be calculated accordingly. When the assessment roll for the cost of the work of improving any street or alley or any other public improvement in any city of this state shall have been finally approved at any time between the first day of September of any year and the first day of March of the following year, in cases where property owners affected have elected to pay assessments in installments, the first installment of the principal of such assessment, together with the accrued interest thereon, shall be payable on the first Monday of May next succeeding, and the first of any series of bonds issued for the payment of any such improvement shall be payable on the first day of June next succeeding and the interest thereon shall be calculated accordingly. All subsequent payments of installments of principal and interest and the re

demption of bonds and interest coupons shall be made at the regular time of payment thereof as now provided by law.

8721. Installments unpaid, effect, notice.

If a city advances to a contractor for the improvement of a street money due for such work, the city may sue to enforce the assessments made against property to pay the expense of the improvement when the work is completed and accepted. Lehman v. City of Goshen, 178 Ind. 54, 98 N. E. 1, 710.

Complaints to enforce the payment of assessments made to pay the expense of street improvements, what are necessary and sufficient allegations. Lehman v. City of Goshen, 178 Ind. 54, 98 N. E. 1, 710; Town of Woodruff Place v. Gorman, 179 Ind. 1, 100 N. E. 296; Curless v. Watson, 54 App. 110, 100 N. E. 576; Schaefer v. Hines, 56 App. 17, 102 N. E. 838.

The attorney fee allowed plaintiffs by the statute in actions to enforce the payment of assessments made against property for public improvements, applies to all suits to enforce such assessments. Thompson v. Mitchell, 54 App. 258, 100 N. E. 20.

Attorney fees can not be allowed in actions to enforce the payment of street improvement assessments unless proof is made that a lis pendens notice of the suit was filed as provided by statute. Millikan v. Crail, 177 Ind. 426, 98 N. E. 291. The attorney fee allowed in actions to enforce the payment of street improvement assessments can not exceed the amount fixed by the statute. Thompson v. Mitchell, 54 App. 258, 100 N. E. 20.

If the same person owns several lots against which assessments are made to pay the expense of improving a street, and the assessment against each lot is less than ten dollars, the owner of such lots can not pay such assessments by installments, although the assessments against all of such lots is largely in excess of ten dollars. Wallace v. Newcastle Realty Co., 57 App. 120, 106 N. E. 615.

In this amended section the former requirement, that a lis pendens be filed in order to recover attorney's fees is omitted. Pittsburgh, C. C. & St. L. R. Co. v. Yates,

SEC.

Ind., 129 N. E. 465.

See note to section 8714. Also see section 8777.

13. SEWERS AND DRAINS.

8722. Establishing sewers and drains. 8722a. Drainage of cities of not more than 8,000, affecting property outside of city.

8722b. Petition by officers of city or township.

SEC.

8728d. Board's right of action.
8728e. Sanitary district.

8728f. Expenses, temporary loan.
8728g. Pollution of streams, sewage
disposal plant.

8728h. Remonstrance, right of appeal.

[blocks in formation]

SEC.

8728s. Tax levy.

8728t. Construction and repairs.
8728u. Manner of levy and collection
of tax.

8728v. Payments from fund.

8728w. Recording description of land or rights.

SEC.

8728x. Authority of board to expend
funds.

8728y. Maintenance of sewers.
8728z. Penalty for violation.

8728a1. Sanitary department, cities of
second class.

8722. Establishing sewers and drains.

Under this section and section 8724, a city may construct a main sewer and one or more connecting sewers as one work and under a single proceeding, where the collaterals are purely local sewers, the costs of which may be assessed against abutting property, but not where they are intended to receive sewage from other connecting sewers. Prevo v. City of Hammond, 186 Ind. 612, 116 N. E. 584, 117 N. E. 642.

Under this section and section 8724, real estate should not be assessed for any part of the costs of a sewer unless benefited directly as abutting property, or indirectly by finding an outlet to such sewer. Prevo v. City of Hammond, 186 Ind. 612, 116 N. E. 584, 117 N. E. 642.

Under this section and section 8724, two main sewers on opposite sides of a river, draining separate territories, can not be constructed in a single proceeding, and the costs assessed on real estate within a district so formed as to include the territory drained by both. Prevo v. City of Hammond, 186 Ind. 612, 116 N. E. 584, 117 N. E. 642.

[Acts 1919, p. 59. In force February 26, 1919.]

8722a. Drainage of cities of not more than 8,000, affecting property outside of city.-1. Whenever the construction of drainage becomes or is believed to be necessary for the drainage of lots, lands, or parcels of real estate within any city having a population of not more than 8,000 according to the last preceding United States census, including right of way of railroad, street car or interurban companies, or for the betterment or greater security or protection of the public health or for the public welfare or for public utility, or for the drainage of streets, alleys or other public places in such city, or for all of said purposes, and such drainage can not be accomplished in the best and cheapest manner without affecting real estate without such city, and such proposed drainage, if established, would beneficially affect all or a large part of the real estate within such city, or in one or more wards or other definite parts of one or more wards, so that the same may be clearly indicated in the petition for such drainage as being all or any definite part of the said real estate within such city, or any ward or wards therein, then in any such case notice of the filing and pendency of such petition and of the date set for docketing the same shall be given to the owners of such real estate situate within such city referred to in such petition by posting such notices at the door of the court house or city hall and

in at least two other public places in each ward in such city for at least twenty days before such docketing date and by publishing a like notice in two newspapers published in such city, if there be two, and if there be but one or none, then in one or two newspapers, as the case may be, published in such county nearest to such city for one insertion each week for two weeks, the last publication to be not less than 20 days before such docketing date; and notice to all owners of real estate alleged to be affected by such drainage and situate without such city shall be given in the manner now provided by law for giving such notices in drainage proceedings; and such notices so given by posting and publication shall only be required to state the name of the proceeding by the name of the first petitioner and of the court where pending, the date fixed for docketing the petition, and that such drainage if established will affect all the real estate in such city, or in certain named wards or parts of wards therein, or all the real estate bounded by certain designated streets, railroads, street car or interurban lines or other well known visible lines or boundaries within such city; and proof of all such notices shall be made as now required by the present drainage construction laws; and it shall not be necessary to set out the names of owners of real estate within such designated parts, or the whole, of such city or ward, but the beginning, general course and terminus of such proposed drain shall be set forth in such notices.

8722b. Petition by officers of city or township.-2. Board of trustees of towns, common councils of cities and township trustees of townships shall have the same rights, in the names of their respective municipalities, to petition for drainage for any and all purposes, when desired drainage affects lands, lots or parcels of real estate within such municipalities, which are now held by owners of lands without or within such municipalities.

8722c. Supplemental act.-3. This act shall be cumulative and supplemental to existing drainage laws.

Section 4 of the above act provides that the act be in force and effect from and after its passage.

8724. When costs divided.

See note to section 8722.

[Acts 1915, p. 608. In force April 26, 1915.]

8725. Assessments for sewers and drains.-120. In making assessments against each lot or parcel of land for the construction of any sewer, as provided for in this act, said board of public works shall, as soon as any contract for the construction of any such sewer has been completed, make out an assessment roll, with the names of the property owners and description of the property primarily

assessed for such sewer or drains as hereinbefore provided. Said assessment roll shall also have set opposite each name and description the total primary assessment against each lot or parcel of land, determined according to the provisions of the preceding section, as the special benefits accruing to such lots and parcels of lands by reason of such improvements, subject to the review and revision hereinafter provided for, and such primary or preliminary assessment shall be final and absolute against such lots and parcels unless changed in the manner hereinafter provided, to-wit: Immediately after said assessment roll is completed and filed the said board shall cause to be published in some daily newspaper of general circulation in said city, once each week for two consecutive weeks, a notice which shall describe the general character of the improvement, the street, alley or public place on or in which it has been made, the terminals of the sewer, whether a local or general sewer, and if the latter, the boundaries of the area or district benefited and to be assessed. Such notice shall also state that the assessment roll, with the names of the owners and description of property to be assessed, with the amounts of the preliminary or primary assessments against each lot and parcel of land abutting on such sewer or in the area or district aforesaid, is on file and can be seen in the office of said board. Said notice shall also name a day after the date of said last publication on which the said board will, at its office, receive and hear remonstrances against the amounts assessed against each of said lots and parcels of lands on said roll, and will hear and determine the question as to whether such lots and parcels of land have been or will be specially benefited by said improvement in the amounts stated and set forth in said roll. At the time so fixed in such notice the board shall give a full hearing to any and all persons, owners of such real estate so assessed, who may appear before it and file remonstrances against such assessments, and may continue proceedings from day to day as long as may be necessary to hear such evidence as may be adduced to it bearing on the question to be by it determined. The said board shall determine on such hearing whether the several lots and parcels of land, primarily assessed as aforesaid are specially benefited in the amounts respectively assessed against them in the preliminary or primary assessment aforesaid. The said board shall either sustain or modify in whole or in part the preliminary assessment, as indicated on said roll, either by confirming such preliminary or primary assessment against any or all lots or tracts described therein as it may find specially benefited to the amounts of such assessments by reason of the improvement on account of which the same were made, or by increasing or reducing such assessments according to such

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