That the board of county commissioners of any county in this state where existing
drainage districts are so situated that the drainage and ditches established therein
are inadequate to take care of and discharge the surplus surface waters along the
highways of any portion of said county are authorized and empowered to assess, levy
and collect a tax sufficient to secure the drainage of the lands adjacent to such
roads to relieve all such roads and highways and lands of such surplus waters and
to construct drains, dig ditches or build levees or embankments wherever necessary
to confine and conduct the waters; to condemn lands; to enter adjacent natural drainage
territory and assess individual property and road districts as their benefits may
appear: Provided, That such action is prayed for by an agreement participated in by at least sixty
percent of the resident property owners benefited, asking and consenting to such condemnation
and use of such property: Provided further, That the prayer of which said petition and agreement shall have been allowed by the
board of county commissioners after a hearing due notice of which shall have been
given: Provided further, That the total amount of expense of constructing such ditches, drains, embankments
or levees in any one section of the county so benefited in any one instance shall
not exceed the sum of $1,000.
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