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IA Code § 468.576 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.576 - Report — hearing thereon.

468.576 Report — hearing thereon.   The conservator shall, within thirty days from the date of the conservator’s appointment, prepare and file with the clerk of the district court, a full report, giving in detail, the bonded indebtedness of said drainage district, the accrued interest thereon, and any and all other indebtedness owing by said drainage district; a full and complete schedule of all lands sold at tax sale, including the amount of drainage assessments thereon; a list of all real estate within the drainage district, showing the unpaid assessments thereon; also said conservator shall set forth a schedule, under which the bonded indebtedness of said drainage district may be reamortized; also a schedule under which all other indebtedness of said drainage district may be paid or reamortized. Upon the filing of the report by the conservator, the court shall set a date for hearing thereon, which date shall not be less than ten or more than fifteen days, from the filing thereof.  [C35, §7714-f8; C39, §7714.35; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §464.7]  89 Acts, ch 126, §2  CS89, §468.576
IA Code § 468.577 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.577 - Adjudication on report.

468.577 Adjudication on report.   At the hearing of the conservator’s report, the court shall fix and determine the amount of money in the hands of the county treasurer belonging to the drainage district; the amount of the indebtedness of the drainage district; and to whom the indebtedness is due, and shall fix and determine the time, manner, and priority of payment of the indebtedness. The court shall fix and determine the amount of unpaid assessment or assessments against each tract of land within the drainage district, and may extend the time of payment, and reamortize and reallocate the assessments upon each tract of land within the drainage district. If the court finds that the assessments as levied against each tract of land within the drainage district are not sufficient to pay the indebtedness due and owing by the drainage district, the court may order the board of supervisors of the county within which the drainage district is located, to levy an assessment against the lands within the drainage district, in an amount to pay the deficit. However, assessment for the payment of drainage bonds or improvement certificates shall not be levied against any tract of land if the owner of the land is not delinquent in payment of any assessment. The amount of the reassessment on a particular piece of land shall be in direct proportion to the amount of unpaid assessments on the land. The assessment or expenses incidental thereto, for the payment of drainage bonds or improvement certificates under this part, shall not be levied against any tract of land if the owner of the land had previously paid all of the owner’s assessment. The assessment shall be assessed and levied by the board of supervisors upon the lands within the drainage district, in the same proportion as the original assessment. A copy of the order entered by the court shall be filed by the clerk of the district court with the county auditor, and the schedule of payments of the indebtedness of the drainage district as fixed and determined by the court shall be entered upon the drainage records of the drainage district and also spread upon the tax records of the county, and shall become due and payable at the same time as ordinary taxes, and shall be collected in the same manner with the same interest for delinquency, and the same manner of enforcing collection by tax sale. The court may apportion the costs between the creditors of the drainage district and the drainage district.  [C35, §7714-f9; C39, §7714.36; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §464.8]  89 Acts, ch 126, §2  CS89, §468.577  92 Acts, ch 1016, §39  Referred to in §468.578
IA Code § 468.578 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.578 - Refunding bonds.

468.578 Refunding bonds.   The court shall direct the board of supervisors to issue bonds in lieu of the outstanding drainage bonds for said drainage district, and additional bonds for the accrued interest and other indebtedness of said drainage district. Said bonds shall be payable in amounts, and at the time and manner, and with priority of payments as has been determined by order of court, as provided by section 468.577, and shall be called “conservator’s drainage district bonds”. Each bond shall be numbered and shall state on its face that it is a conservator’s drainage district bond; that it is issued in pursuance of a resolution adopted by the board of supervisors, under order of court, and giving the name of the court and the county where such court is held; that it is issued to pay indebtedness of the drainage district; shall state the county where such district is located, and the number of the drainage district for which it is issued; shall state the date of maturity of the bond, the rate of interest thereon, which rate shall not exceed that permitted by chapter 74A, and that the bond is to be paid only from taxes assessed, levied and collected on the lands within the drainage district for which the bond is issued subject to the provisions of section 468.577. All bonds shall be signed by the chairperson of the board of supervisors and countersigned by the conservator designated as such. The interest coupons attached to said bonds shall be attested by the signature of the conservator or a facsimile thereof. When the bonds have been executed as herein required, the conservator may sell said bonds at not less than par with accrued interest thereon, and pay the indebtedness of said drainage district, or may exchange said bonds with the creditors of said drainage district in amounts as have been fixed and determined by the court, and the conservator shall cancel all drainage bonds, improvement certificates, warrants or other evidence of indebtedness received by the conservator in lieu of the conservator’s bonds.  [C35, §7714-f10; C39, §7714.37; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §464.9]  89 Acts, ch 126, §2  CS89, §468.578
IA Code § 468.579 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.579 - Lien.

468.579 Lien.   When conservator’s drainage district bonds are issued under this part, nothing in this part shall be construed as impairing the lien of all unpaid assessments upon the real estate within the drainage district, nor shall this part be construed as impairing the priority of the lien of the unpaid assessments, nor the right, duty, and power of the officer authorized by law, to levy, collect, and apply the proceeds of the assessments, to the payment of outstanding drainage bonds issued in anticipation of the collection of the assessments.  [C35, §7714-f11; C39, §7714.38; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §464.10]  89 Acts, ch 126, §2  CS89, §468.579  2019 Acts, ch 59, §169
IA Code § 468.580 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.580 - Trustees as parties.

468.580 Trustees as parties.   Should a drainage district in default be managed by drainage district trustees, said trustees shall also be named as proper and necessary parties defendant.  [C35, §7714-f12; C39, §7714.39; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §464.11]  89 Acts, ch 126, §2  CS89, §468.580
IA Code § 468.581 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.581 - Limitation of action.

468.581 Limitation of action.   No action shall be brought, questioning the validity of any conservator’s drainage district bond issued under this part from and after three months from the date of the order causing the said bonds to be issued.  [C35, §7714-f13; C39, §7714.40; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §464.12]  89 Acts, ch 126, §2  CS89, §468.581
IA Code § 468.585 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.585 - Definitions.

468.585 Definitions.   As used in this part, unless the context otherwise requires:   1. “Drainage improvement” includes the construction, improvement, or repair of the principal structures, works, component parts and accessories of a storm sewer, drainage conduit, channel, or levee for the collection, detention, or discharge of drainage or surface waters.   2. “Urban drainage district” or “district” means a district defined by a county and one or more cities within the county pursuant to an agreement entered into by the county and cities in accordance with chapter 28E and this part with respect to drainage improvements which the county and cities determine benefit the property located in the cities and the designated unincorporated area of the county.   3. “Cost” means the same as defined in section 384.37, subsection 26.  85 Acts, ch 144, §1  CS85, §331.485  89 Acts, ch 126, §2  CS89, §468.585
IA Code § 468.586 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.586 - Assessment of costs of drainage improvements.

468.586 Assessment of costs of drainage improvements.   A county may assess to property within an urban drainage district the cost of a drainage improvement within the county and drainage facilities extending outside the county. A county is empowered to proceed and construct and to assess the cost of a drainage improvement within a district in the same manner as a city may proceed under chapter 384, subchapter IV, and the provisions of chapter 384, subchapter IV, apply to counties with respect to drainage improvements, the assessment of their costs and the issuance of bonds for the improvements. A county may contract for a drainage improvement within a district under this part pursuant to chapter 331, subchapter III, part 3.  85 Acts, ch 144, §1  CS85, §331.486  89 Acts, ch 126, §2  CS89, §468.586  2011 Acts, ch 25, §59; 2018 Acts, ch 1041, §127
IA Code § 468.587 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.587 - Special assessment bonds.

468.587 Special assessment bonds.   A county may issue special assessment bonds in anticipation of the collection of special assessments for the cost of drainage improvements within a district in the same manner as provided for cities under subchapter IV of chapter 384.  85 Acts, ch 144, §1  CS85, §331.487  89 Acts, ch 126, §2  CS89, §468.587  2018 Acts, ch 1041, §127
IA Code § 468.588 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.588 - Chapter 28E agreement.

468.588 Chapter 28E agreement.   An agreement entered into between a city and a county in accordance with chapter 28E with respect to a drainage improvement may include among others the following provisions:   1. The sharing of the total cost of the drainage improvement between the city and the county.   2. The amount of total assessments against private property within the city and within the unincorporated area of the county included within the district.   3. The method of specially assessing and determining benefits.   4. The amount of funds, if any, to be contributed by the city and county to the project other than special assessments.   5. The rates to be established and imposed upon property within the drainage district to pay the expenses of operation and maintenance of the drainage improvements.   6. The reduction of the county’s debt service tax levy rate against property within a city which is a party to the joint agreement.  85 Acts, ch 144, §1  CS85, §331.488  89 Acts, ch 126, §2  CS89, §468.588
IA Code § 468.589 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.589 - Rates and charges for services and connection.

468.589 Rates and charges for services and connection.   If a county and city have entered into an agreement pursuant to chapter 28E to create an urban drainage district, the county or city or both may, to the extent and in the manner provided in the agreement, establish, impose, adjust, and provide for the collection of rates to produce gross revenues at least sufficient to pay the expenses of operation and maintenance of a drainage improvement against property within the district and establish, impose, adjust, and provide for the collection of charges for connection to a drainage improvement. Rates and charges must be established by ordinance of the governing body of the county or city imposing the rates or charges. Rates or charges for the services of and connection to the drainage improvement if not paid as provided by the ordinance of the governing body, are a lien upon the premises served or benefited by that improvement and may be certified to the county treasurer and collected in the same manner as other taxes.  85 Acts, ch 144, §1  CS85, §331.489  89 Acts, ch 126, §2  CS89, §468.589  93 Acts, ch 73, §13  Referred to in §445.1
IA Code § 468.590 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.590 - Cities subject to debt service tax levy — rates.

468.590 Cities subject to debt service tax levy — rates.   1. If a county and city have entered into a joint agreement pursuant to chapter 28E to create a district and issue county general obligation bonds to fund the costs of a drainage improvement in that district, the county’s debt service tax levy for the county general obligation bonds shall not be levied against property located in any city except a city which has entered into the joint agreement.   2. The county and the cities entering into the joint agreement may provide in the joint agreement for a different rate of the county’s debt service tax levy against property in unincorporated areas of the county and property within those cities.  85 Acts, ch 144, §1  CS85, §331.490  89 Acts, ch 126, §2  CS89, §468.590  2019 Acts, ch 24, §104
IA Code § 468.591 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.591 - Authority.

468.591 Authority.   The authority of a city or county under this part with respect to districts and the financing of drainage improvements is in addition to any other authority of a city or county to contract, and levy special assessments and issue bonds to fund the costs.  85 Acts, ch 144, §1  CS85, §331.491  89 Acts, ch 126, §2  CS89, §468.591
IA Code § 468.600 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.600 - Drainage through land of others — application.

468.600 Drainage through land of others — application.   When the owner of any land desires to construct any levee, open ditch, tile or other underground drain, for agricultural or mining purposes, or for the purposes of securing more complete drainage or a better outlet, across the lands of others or across the right-of-way of a railroad or highway, or when two or more landowners desire to construct a drain to serve their lands, the landowner or landowners may file with the auditor of the county in which any such land or right-of-way is situated, an application in writing, setting forth a description of the land or other property through which the landowner is desirous of constructing any such levee, ditch, or drain, the starting point, route, terminus, character, size, and depth thereof. The auditor shall collect a fee of one dollar for filing each application for a ditch or drain.  [C73, §1217; C97, §1955; S13, §1955; C24, 27, 31, 35, 39, §7715; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.1]  89 Acts, ch 126, §2  CS89, §468.600
IA Code § 468.601 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.601 - Notice of hearing — service.

468.601 Notice of hearing — service.   Upon the filing of any such application, the auditor shall forthwith fix a time and place for hearing thereon before the county board of supervisors, which hearing shall be not more than ninety days nor less than thirty days from the time of the filing of such application, and cause notice in writing to be served upon the owner of each tract of land across which any such levee, ditch, or drain is proposed to be located, as shown by the transfer books in the office of the county auditor, and also upon the person in actual occupancy of any such lands, of the pendency and prayer of such application and the time and place set for hearing on the same before the board of supervisors, which notice, as to residents of the county and railroad companies, shall be served not less than ten days before the time set for such hearing, in the manner that original notices are required to be served. Notice to a railroad company may be served upon any station agent.  [C73, §1218; C97, §1955; S13, §1955; C24, 27, 31, 35, 39, §7716; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.2]  89 Acts, ch 126, §2  CS89, §468.601  Manner of service,  R.C.P. 1.302 – 1.315
IA Code § 468.602 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.602 - Service upon nonresident.

468.602 Service upon nonresident.   In case any such owner is a nonresident of the county the owner may be personally served in the manner required for original notices or, in lieu thereof, the owner may be given notice as provided in section 468.15.  [C73, §1218; C97, §1955; S13, §1955; C24, 27, 31, 35, 39, §7717; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.3]  89 Acts, ch 126, §2  CS89, §468.602
IA Code § 468.603 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.603 - Service on omitted parties — adjournment.

468.603 Service on omitted parties — adjournment.   If at the hearing it should appear that any person entitled to notice has not been served with notice, the board may postpone such hearing and fix a new time for the same, and notice of such new time of hearing may be served on such omitted persons in the manner and for the time provided by law and by fixing such new time for hearing and by adjournment to such time, the board shall not lose jurisdiction of the subject matter of such proceeding nor of any persons previously served with notice.  [S13, §1955; C24, 27, 31, 35, 39, §7718; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.4]  89 Acts, ch 126, §2  CS89, §468.603
IA Code § 468.604 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.604 - Claims for damages — waiver.

468.604 Claims for damages — waiver.   Any person or corporation claiming damages or compensation for or on account of the construction of any such improvement, shall file a claim in writing therefor with the auditor at or before the time fixed for hearing on the application. A failure to file such claim at the time specified shall be deemed to be a waiver of the right to claim or recover such damage.  [S13, §1955; C24, 27, 31, 35, 39, §7719; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.5]  89 Acts, ch 126, §2  CS89, §468.604
IA Code § 468.605 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.605 - Hearing — sufficiency of application — damages.

468.605 Hearing — sufficiency of application — damages.   At the time set for hearing on the application, if the board shall find that all necessary parties have been served with notice as required, they shall proceed to hear and determine the sufficiency of the application as to form and substance, which application may be amended both as to form and substance before final action thereon. They shall also determine the merits of the application, all objections thereto, and all claims filed for damages or compensation, and may view the premises. The board may adjourn the proceedings from day to day, but no adjournment shall be for a longer period than ten days.  [C73, §1219; C97, §1956; S13, §1956; C24, 27, 31, 35, 39, §7720; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.6]  89 Acts, ch 126, §2  CS89, §468.605
IA Code § 468.606 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.606 - Shall locate when — specifications.

468.606 Shall locate when — specifications.   If the supervisors find that the levee, ditch, or drain petitioned for will be beneficial for sanitary, agricultural, or mining purposes, they shall locate the same and fix the points of entrance and exit on such land or property, the course of the same through each tract of land, the size, character, and depth thereof, when and in what manner the same shall be constructed, how kept in repair, what connections may be made therewith, what compensation, if any, shall be made to the owners of such land or property for damages by reason of the construction of any such improvements, and any other question arising in connection therewith.  [C73, §1220; C97, §1956; S13, §1956; C24, 27, 31, 35, 39, §7721; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.7]  89 Acts, ch 126, §2  CS89, §468.606
IA Code § 468.607 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.607 - Findings — record.

468.607 Findings — record.   The board shall reduce its findings, decision, and determination to writing, which shall be filed with the auditor, who shall record it in the official record of the board’s proceedings, together with the application and all other papers filed in connection therewith, and the auditor shall cause the findings and decision of the board to be recorded in the office of the recorder of the county in which such land is situated and said decision shall be final unless appealed from as provided in section 468.608.  [C73, §1220; C97, §1956; S13, §1956; C24, 27, 31, 35, 39, §7722; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.8]  89 Acts, ch 126, §2  CS89, §468.607
IA Code § 468.608 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.608 - Appeal — notice.

468.608 Appeal — notice.   Either party may appeal to the district court from any such decision by causing to be served, within ten days from the time it was filed with the auditor, a notice in writing upon the opposite party of the taking of such appeal, which notice shall be served in the same manner as is provided for the service of original notices. If the appellant is the party petitioning for the drain, the appellant shall also file a bond, conditioned to pay all costs of appeal that may be assessed against the appellant, which bond, if good and sufficient, shall be approved by the auditor.  [C73, §1223; C97, §1957; C24, 27, 31, 35, 39, §7723; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.9]  89 Acts, ch 126, §2  CS89, §468.608  Referred to in §468.607, 468.631  Manner of service,  R.C.P. 1.302 – 1.315  Presumption of approval of bond, §636.10
IA Code § 468.609 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS|Section 468.609 - Transcript.

468.609 Transcript.   In case of appeal, the auditor shall certify to the district court a transcript of the proceedings before the board, which shall be filed in said court with the appeal bond, the party appealing paying for said transcript and the docketing of said appeal, as in other cases.  [C97, §1958; C24, 27, 31, 35, 39, §7724; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.10]  89 Acts, ch 126, §2  CS89, §468.609  Referred to in §468.631