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COMPILED CODE - Iowa Legislature - State of Iowa

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331<br />

Tit. XV, Ch. 2. LEVEES, DRAINS AND WATERCOURSES. § 4851.<br />

49 -annum from that date; provided that if the owner <strong>of</strong> any parcel <strong>of</strong><br />

50 land, lot or premises against which any such levy shall have been<br />

51 made and certified, shall, within twenty days from the date <strong>of</strong> such<br />

52 assessment, promise and agree in writing filed in the <strong>of</strong>fice <strong>of</strong> the<br />

53 county auditor that in consideration <strong>of</strong> his having the right to pay<br />

54 his assessments in installments he will not make any objection <strong>of</strong><br />

55 illegality or irregularity as to the assessment <strong>of</strong> benefits or levy <strong>of</strong><br />

56 such taxes upon or against his property, but will pay said assessment,<br />

57 then said taxes levied against said land, lot or premises <strong>of</strong> such owner<br />

58 shall be payable without interest, as follows : one-third <strong>of</strong> the amount<br />

59 <strong>of</strong> said assessment at the time <strong>of</strong> filing the above agreement ; one-third<br />

60 within twenty days after the engineer in charge <strong>of</strong> said drainage im-<br />

61 provement shall file a certificate in the <strong>of</strong>fice <strong>of</strong> the county auditor that<br />

62 said improvement is one-half completed, and the remaining one-third<br />

63 within twenty days after the said improvement shall have been ac-<br />

64 cepted by the board <strong>of</strong> supervisors.<br />

65 Within two days after the engineer has filed a certificate that the<br />

66 work is half completed, and within two days after the board <strong>of</strong> super-<br />

67 visors have accepted the improvement as hereinbefore provided, the<br />

68 county auditor shall notify the owner <strong>of</strong> each such parcel <strong>of</strong> any land,<br />

69 lot or premises, <strong>of</strong> such fact, such notice to be sent by registered mail<br />

70 to the address filed with the auditor at the time <strong>of</strong> making the above<br />

71 agreement, and if said installments are not paid as above provided,<br />

72 the failure to pay any installment shall cause the whole sum to become<br />

73 due and payable at once with interest at the rate <strong>of</strong> one per cent per<br />

74 month from the date <strong>of</strong> filing said agreement, and such assessments<br />

75 shall thereupon be collected as other taxes on real estate, which rate<br />

76 may be later reduced to correspond with the rate specified in the cer-<br />

77 tificates or bonds, as the case may be ; provided, however, that no de-<br />

78 ferred installment <strong>of</strong> the amount assessed, as between vendor and<br />

79 vendee, mortgagor and mortgagee, shall become a lien upon the prop-<br />

80 erty against which it is assessed and levied, until the thirty-first day<br />

81 <strong>of</strong> December <strong>of</strong> the year next preceding that in which it is due and<br />

82 payable ; and in case the board <strong>of</strong> supervisors shall increase said ap-<br />

83 portionment, service <strong>of</strong> notice there<strong>of</strong> shall be made upon the owner<br />

84 <strong>of</strong> such tract or lot <strong>of</strong> land as shown by the transfer books in the audi-<br />

85 tor's <strong>of</strong>fice, in the same manner in which original notices are required<br />

86 to be served, where such owner is a resident <strong>of</strong> the county, and in<br />

87 case such owner is a nonresident <strong>of</strong> the county such notice as to him<br />

88 shall be served on the actual occupant <strong>of</strong> the tract or lot <strong>of</strong> land ; pro-<br />

89 vided that in case any railroad company shall be affected by such in-<br />

90 creased apportionment said notice shall be served upon the station<br />

91 agent <strong>of</strong> the said railroad company nearest the proposed improvement.<br />

92 If the first assessment made by the board <strong>of</strong> supervisors for the orig-<br />

93 inal cost or for repairs <strong>of</strong> any improvement as provided in this chap-<br />

94 ter is insufficient, the board may make an additional assessment and<br />

95 levy in the same ratio as the first for either purpose ; provided, fur-<br />

96 ther, that any assessment may be paid in full without interest at any<br />

97 time within twenty days from the date the assessment is confirmed<br />

98 by the board <strong>of</strong> supervisors.<br />

[S. S., '15, § 1989-al2; 37 G. A., ch. 127, § 1; 37 G. A., ch.<br />

344, § 2 ; 39 G. A., ch. 214, § 1J

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