COMPILED CODE - Iowa Legislature - State of Iowa

332
§§ 4853-4858. LEVEES, DRAINS AND WATERCOURSES. Tit. XV, Ch. 2.
SEC. 4853. Levy and collection of tax—warrants.
1 In estimating the benefits as to the lands not traversed by said
2 improvement they shall not consider what benefits such lands will re-
3 ceive after some other improvements shall have been constructed, but
4 only the benefits which will be received by reason of the construction
5 of the improvement in question as it affords an outlet for the drainage
6 of such lands, or brings an outlet nearer to said lands or relieves the
7 same from overflow. Said tax shall be levied upon the lands of the
8 owners so benefited in the ratio aforesaid and collected in the same
9 manner as other taxes for county purposes, and the funds so collected
10 shall be kept as a separate fund and shall be paid out only for pur-
11 poses properly connected with such improvement on the order of the
12 board of supervisors; provided, however, that warrants drawn upon
13 the funds of any drainage district shall be accepted by the county
14 treasurer in payment of drainage assessments levied upon any lands
15 in that district and when the amount of the warrant exceeds the
Ï6 amount of the assessment, the treasurer shall cancel the said warrant,
17 and give the holder thereof a certificate for the amount of the overplus,
18 upon the presentation of which certificate to the county auditor he
19 shall file it, and issue a new warrant for the amount of the overplus,
20 and charge the treasurer therewith; and such certificate is transfer-
21 able by delivery, and will entitle the holder of the new warrant, made
22 payable to his order, and bearing the original number, preceded by the
23 words, "Issued as unpaid balance due on warrant number ".
[S., '13, § 1989-al3; 39 G. A., ch. 118, § 1.]
SEC. 4858. Establishment and construction across railroad right
of way.
1 Whenever the board of supervisors shall have established any
2 levee, or drainage district, or change of any natural watercourse and
3 the levee, ditch, drain or watercourse as surveyed and located crosses
4 the right of way of any railroad company, the county auditor shall
5 immediately cause to be served upon such railroad company, in the
6 manner provided for the service of original notices, a notice in writ-
7 ing stating the nature of the improvement to be constructed, the place
8 where it will cross the right of way of such company, and the full
9 requirements for its complete construction across such right of way
10 as shown by the plans, specifications, plat and profile of the engineer
11 appointed by the board, and directing such company to construct such
12 improvement according to said plans and specifications at the place
13 designated, across its right of way, and to build and construct or re-
14 build and reconstruct the necessary culvert or bridge where any ditch,
15 drain or watercourse crosses its right of way, so as not to obstruct,
16 impede or interfere with the free flow of the water therein, within
17 thirty days from the time of the service of such notice upon it ; and
18 upon receiving said notice it shall be the duty of such railroad company
19 to construct the improvement across its right of way according to the
20 plans and specifications furnished in said notice and to build and con-
21 struct or rebuild and reconstruct the necessary culvert or bridge above
22 mentioned and complete the same within the time specified in said
23 notice ; if such railroad company shall fail, neglect or refuse to do so
24 within the time fixed in said notice the auditor shall cause the same
25 to be done under the supervision of the engineer in charge of the im-'