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COMPILED CODE - Iowa Legislature - State of Iowa

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334<br />

§ 4875. LEVEES, DRAINS AND WATERCOURSES. Tit. XV, Ch. 2.<br />

16 the supervision <strong>of</strong> the engineer in charge <strong>of</strong> the improvement and the<br />

17 contractor shall be liable for the cost there<strong>of</strong> to be collected by the<br />

18 county in any court having jurisdiction. Electric lines as defined in<br />

19 this section shall not be construed to include electric railways.<br />

[39 G. A., ch. 205, § 1.]<br />

SEC. 4875. Drainage bonds—benefits to highways included.<br />

1 If the board <strong>of</strong> supervisors, when the drainage district has been<br />

2 established, or on making any subsequent repair or improvement <strong>of</strong><br />

3 the same, shall determine that the estimated cost <strong>of</strong> reclamation and<br />

4 improvement <strong>of</strong> such district <strong>of</strong> land is greater than should be levied<br />

5 in a single year upon the lands benefited, instead <strong>of</strong> issuing improve-<br />

6 ment certificates as provided in section forty-eight hundred seventy-<br />

7 four <strong>of</strong> the compiled code, it may fix the amount that shall be levied<br />

8 and collected each year and may issue drainage bonds <strong>of</strong> the county,<br />

9 bearing not more than six per centum annual interest and payable<br />

10 semiannually in the proportions and at the times when such taxes<br />

11 shall have been collected, and may devote the same at par, with ac-<br />

12 crued interest, to the payment <strong>of</strong> the work as it progresses or may sell<br />

13 the same at not less than par, with accrued interest, and devote the<br />

14 proceeds to such payment ; and if in the sale <strong>of</strong> said bonds a premium<br />

15 is received, such premium shall be credited to the drainage fund, and<br />

16 should the cost <strong>of</strong> such work exceed the estimate, or should the pro-<br />

17 ceeds <strong>of</strong> the tax when collected be insufficient to pay the principal and<br />

18 interest <strong>of</strong> bonds sold, a new apportionment <strong>of</strong> the tax may be made<br />

19 and other bonds issued and sold in like manner, to meet such excess<br />

20 <strong>of</strong> cost or shortage in the proceeds <strong>of</strong> tax, but in no case shall the bonds<br />

21 run longer than not more than twenty years.. The bonds issued under<br />

22 the provisions <strong>of</strong> this section, or the proceeds there<strong>of</strong>, shall be avail-<br />

23 able for the use <strong>of</strong> the district at a date not later than ninety days<br />

24 after the actual commencement <strong>of</strong> the work, as provided in section<br />

25 forty-eight hundred forty-three <strong>of</strong> this supplement. Provided, how-<br />

26 ever, that no assessments <strong>of</strong> twenty dollars or less on a single lot or<br />

27 tract shall be included in such bond issue and such sums shall be col-<br />

28 lected as provided in section forty-eight hundred seventy-four <strong>of</strong> the<br />

29 compiled code, at the next succeeding March semiannual payment <strong>of</strong><br />

30 ordinary taxes ; provided, however, that nothing herein shall prevent<br />

31 owners <strong>of</strong> such lots or tracts to take advantage <strong>of</strong> the provisions <strong>of</strong><br />

32 section forty-eight hundred fifty-one <strong>of</strong> this supplement providing for<br />

33 payment in three installments. Any property owner may pay the full<br />

34 amount <strong>of</strong> the benefit assessed against his property before such bonds<br />

35 are issued and receive a receipt in full therefor. Such payment shall<br />

36 be made to the county treasurer, and it shall be the duty <strong>of</strong> the county<br />

37 auditor to certify to the treasurer the amount <strong>of</strong> any such assessment<br />

38 when requested to do so, and the treasurer shall enter the same upon<br />

39 the tax lists in his hands in a separate place provided therefor, and<br />

40 shall furnish the auditor with duplicate receipts given for all assess-<br />

41 ments so paid in full. The terms and times <strong>of</strong> payment <strong>of</strong> the bonds<br />

42 so issued shall be fixed by the board. Said bonds shall be issued for<br />

43 the benefit <strong>of</strong> the district numbered thereon and each district shall be<br />

44 numbered by the board <strong>of</strong> supervisors and recorded by the auditor,<br />

45 said record showing specifically the lands embraced in said district<br />

46 and upon which the tax has not been previously paid in full. In no<br />

47 case shall the amount <strong>of</strong> bonds exceed the benefits assessed. Each

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