§ 35.02 LEVEE/DITCH COMMITTEE.
   (A)   It has come to the attention of the County Board of Commissioners that the Shufflebarger Levee, constructed in 1928 with the last assessment of benefitted land owners contingent thereto having occurred in 1964, has no committee to determine the appropriate assessment of the levee for its maintenance. It has further come to the attention of the County Board of Commissioners that the levee was damaged in the recent floods and Federal Emergency Management Agency funds are now available for the repair of the levee.
   (B)   The County Board of Commissioners who annually on the first meeting of every year designates themselves as the Ditch Board of the county for any and all ditches, levees and conservancy districts and drainage districts, who do not otherwise have an appointed committee to administer needed maintenance and repair and to determine the assessments for each entity for that purpose. It being the case that Shufflebarger Levee has no committee and the residents adjacent thereto now desiring same, the Board of Commissioners of the county do hereby reaffirm that they shall serve as the Shufflebarger Levee for any and all purposes, not necessarily limited to dealing with the Federal Emergency Management Agency, determining the needs of the levee as far as repair and maintenance, and the assessment of adjacent landowners to insure its continued maintenance, repair and upkeep.
   (C)   The County Board of Commissioners will relinquish its rights and duties as the Levee Committee at any time the adjacent landowners and/or owners of any real estate benefitted by the Shufflebarger Levee come before the County Commissioners with a consensus of opinion regarding the Committee amongst the landowners themselves, but shall serve as the Committee until and unless the eventuality occurs.
(Ord. 91-4, passed 3-11-1991)