reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.550 - Numbering, signing, and attestation.

468.550 Numbering, signing, and attestation.
Said bonds shall be numbered consecutively, signed by the chairperson of the board and attested by the county auditor with the seal of the county affixed. The interest coupons attached thereto shall be executed by the county auditor.
[C27, 31, 35, §7714-b11; C39, §7714.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.11]
89 Acts, ch 126, §2
CS89, §468.550
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.551 - Resolution required.

468.551 Resolution required.
All bonds issued under the provisions of this part shall be issued pursuant to and in conformity with a resolution adopted by the board of supervisors which shall specify the amount of unpaid assessments to be extended, the times when the installment or installments of extended assessments shall become due, the amount of drainage refunding bonds authorized to be issued, the purpose for which issued, the rate of interest they shall bear, the place where the principal and interest shall be payable and the time or times when they shall become due, and such other provisions not inconsistent with law in reference thereto, as the board shall deem proper.
[C27, 31, 35, §7714-b12; C39, §7714.12; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.12]
89 Acts, ch 126, §2
CS89, §468.551
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.552 - Record of resolution.

468.552 Record of resolution.
Said resolution shall be entered of record upon the minutes of proceedings of said board and shall constitute a contract between the drainage district and the purchasers or holders of said bonds and shall be full authority for the revision of the tax rolls to accord therewith.
[C27, 31, 35, §7714-b13; C39, §7714.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.13]
89 Acts, ch 126, §2
CS89, §468.552
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.553 - Record of bonds.

468.553 Record of bonds.
When the bonds have been executed as provided in this part they shall be delivered to the county treasurer and the treasurer’s receipt taken for each of the bonds. The treasurer shall register each of the bonds in a book provided for that purpose which shall show the number of each bond, its date, date of sale, amount, date of maturity, and the name and address of the purchaser, and if exchanged what evidences of indebtedness were received for each bond. The record shall at all times be open to the inspection of the owners of property within the drainage district. The treasurer shall certify on the back of each bond as follows:
This bond duly and properly registered in my office this ................ day of ........................ (month), ............ (year).
............................................
Treasurer of the County of
............................................
[C27, 31, 35, §7714-b14; C39, §7714.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.14]
89 Acts, ch 126, §2
CS89, §468.553
2000 Acts, ch 1058, §56; 2021 Acts, ch 80, §307
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.554 - Liability of treasurer — reports.

468.554 Liability of treasurer — reports.
The treasurer shall stand charged on the treasurer’s official bond with all bonds so delivered to the treasurer and the proceeds thereof. The treasurer shall report under oath to the board, at each first regular session thereof in each month, a statement of all such bonds sold or exchanged by the treasurer since the treasurer’s last report and the date of such sale or exchange and when exchanged a description of the indebtedness for which exchanged.
[C27, 31, 35, §7714-b15; C39, §7714.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.15]
89 Acts, ch 126, §2
CS89, §468.554
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.555 - Sale, exchange, and cancellation.

468.555 Sale, exchange, and cancellation.
The county treasurer shall, under a resolution and the direction of the said county board of supervisors, sell the bonds for cash on the best available terms or exchange them on like terms for the legal indebtedness of the said drainage district evidenced by the outstanding drainage bonds, authorized to be refunded by the resolution authorizing the issue of said refunding bonds, and the proceeds shall be applied and exclusively used for the purpose for which said bonds are issued. In no case shall they be sold or exchanged for a less sum than their face value and all interest accrued. After registration the treasurer shall deliver said refunding bonds to the purchaser thereof and when exchanged for said bonded indebtedness of said district, shall at once cancel a like amount of said drainage bonds.
[C27, 31, 35, §7714-b16; C39, §7714.16; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.16]
89 Acts, ch 126, §2
CS89, §468.555
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.556 - Redemption from tax sale.

468.556 Redemption from tax sale.
In case any land within such drainage district shall have been sold at tax sale for failure of the owner thereof to pay any drainage assessments levied thereon, and before any tax deed has been issued, then on application of the owner of such land, the board of supervisors may effect a redemption thereof for such owner out of the proceeds of any refunding bond issue and add the cost of such redemption to the amount of the unpaid assessments against such land, payment thereof to be extended in manner and as a part of the remaining unpaid assessments thereon.
[C35, §7714-f1; C39, §7714.17; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.17]
89 Acts, ch 126, §2
CS89, §468.556
Referred to in §468.557
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.557 - Effect of extension.

468.557 Effect of extension.
The extension of the time of payment of any unpaid assessments or installment or installments thereof, in the manner provided in section 468.556, shall in no way impair the lien of said assessments as originally levied or the priority thereof, nor the right, duty, and power of the officers authorized by law to levy, collect, and apply the proceeds thereof to the payment of said drainage refunding bonds.
[C27, 31, 35, §7714-b17; C39, §7714.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.18]
89 Acts, ch 126, §2
CS89, §468.557
2020 Acts, ch 1063, §257
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.558 - Additional assessments.

468.558 Additional assessments.
If said assessments should for any reason be insufficient to meet the interest and principal of said drainage refunding bonds additional assessments shall be made to provide for such deficiency.
[C27, 31, 35, §7714-b18; C39, §7714.19; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.19]
89 Acts, ch 126, §2
CS89, §468.558
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.559 - Applicability of funds.

468.559 Applicability of funds.
All special assessments, taxes, and sinking funds applicable to the payment of the indebtedness refunded by drainage bonds shall be applicable in the same manner and to the same extent to the payment of refunding bonds issued under this part, and the powers, rights, and duties to levy and collect special assessments or taxes, or create liens upon property shall continue until all refunding bonds shall be paid.
[C27, 31, 35, §7714-b19; C39, §7714.20; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.20]
89 Acts, ch 126, §2
CS89, §468.559
2019 Acts, ch 59, §166
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.560 - Trust fund.

468.560 Trust fund.
The special assessments out of which said bonds are payable shall be collected and held separate and apart in trust for the payment of said refunding bonds.
[C27, 31, 35, §7714-b20; C39, §7714.21; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.21]
89 Acts, ch 126, §2
CS89, §468.560
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.561 - Liens unimpaired.

468.561 Liens unimpaired.
When drainage refunding bonds are issued, nothing in this part shall be construed as impairing the lien of any unpaid drainage assessments or installments in the drainage district, the time of payment of which is not extended, nor shall this part be construed as impairing the priority of the lien of any unpaid drainage assessments or installments nor the right, duty, and power of the officers authorized by law to levy, collect, and apply the proceeds of the assessments or installments to the payment of outstanding drainage bonds issued in anticipation of the collection of the assessments or installments.
[C27, 31, 35, §7714-b21; C39, §7714.22; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.22]
89 Acts, ch 126, §2
CS89, §468.561
2019 Acts, ch 59, §167
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.562 - Limitation of action.

468.562 Limitation of action.
No action shall be brought questioning the validity of any of the bonds authorized by this part from and after three months from the time the same are ordered issued by the proper authorities.
[C27, 31, 35, §7714-b22; C39, §7714.23; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.23]
89 Acts, ch 126, §2
CS89, §468.562
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.563 - Void bonds or assessments.

468.563 Void bonds or assessments.
The provisions of this part shall not apply to bonds or assessments adjudicated to be void.
[C27, 31, 35, §7714-b23; C39, §7714.24; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.24]
89 Acts, ch 126, §2
CS89, §468.563
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.564 - Interpretative clause.

468.564 Interpretative clause.
This part shall be construed as granting additional power without limiting the power already existing for the extension of the time of payment of drainage assessments and the issuance of drainage bonds.
[C27, 31, 35, §7714-b24; C39, §7714.25; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.25]
89 Acts, ch 126, §2
CS89, §468.564
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.565 - Composition with creditors — federal loans.

468.565 Composition with creditors — federal loans.
For the purpose of refinancing, adjusting, composing and refunding in such adjusted amount the indebtedness of any drainage districts or levee districts, found to be in financial distress, the governing body thereof, or board of supervisors as the case may be, upon its own motion, is authorized to enter into agreements with the creditors of said district, for the reduction and composition of its outstanding indebtedness, and to make application for and negotiate with the reconstruction finance corporation, or any other loaning agency, for the borrowing of funds for such purposes.
[C35, §7714-g1; C39, §7714.26; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.26]
89 Acts, ch 126, §2
CS89, §468.565
Referred to in §468.566
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.566 - Refinancing powers.

468.566 Refinancing powers.
1. In order to effect a loan under section 468.565, the governing body of a district, or board of supervisors, is authorized to execute such agreements and contracts, and to fulfill such requirements of the loaning agency as are not inconsistent with this part; and to issue, and pledge or sell the bonds at their face value to the reconstruction finance corporation, or other loaning agency, furnishing the funds for the debt readjustment, in the amount required for the adjustment.
2. The governing body, or board of supervisors, shall also have the authority as a part of the plan of refinancing, adjusting, composing, and refunding of the district’s indebtedness, to cancel the old assessments collectible against the land within the district, pledged to the payment of the district’s outstanding indebtedness and proportionately and equitably to relevy the assessments, with interest, over the period covered by the new bonds, in an amount sufficient to pay the new bonds and interest on the bonds. However, the new assessments created against any tract of land within the district shall not be in excess of the unpaid assessments against the tract before the readjustment or composition is made, and the new and extended assessment against the tract shall fully replace the old assessment.
[C35, §7714-g2; C39, §7714.27; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.27]
89 Acts, ch 126, §2
CS89, §468.566
2019 Acts, ch 59, §168
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.567 - Report and hearing — appeal.

468.567 Report and hearing — appeal.
1. At the direction of the governing board of such district, or board of supervisors, the county auditor of the county within which the land on which the indebtedness is being adjusted is situated, shall compile a tabulated report as to the lands within the said district, setting forth:
a. The name of the owner of each assessed tract as shown by the transfer books in the county auditor’s office.
b. The amount of the unpaid old assessments against each of said tracts.
c. The amount of the new assessment required to pay the new bonds to be issued, together with the installments to be paid thereon annually of principal and interest, and the maximum period of time over which such assessments shall be paid.
2. After such report is tabulated and filed, a hearing upon the contemplated action of the governing body of such district, or board of supervisors, to make the proposed adjustment, composition, renewal and refunding in such adjusted amount of its outstanding indebtedness, together with the issuance of bonds and the levying of assessments therefor, shall be had in the manner and upon the same notice as is prescribed in sections 468.543 through 468.545 and appeal may be made therefrom as provided in this part.
[C35, §7714-g3; C39, §7714.28; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.28]
89 Acts, ch 126, §2
CS89, §468.567
2011 Acts, ch 25, §143
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.570 - Extension of payment — application.

468.570 Extension of payment — application.
When drainage district bonds have been issued in anticipation of the collection of drainage district assessments levied on real estate within such drainage district are in default, either for failure to pay principal installments or accrued interest thereon, and funds are not on hand within thirty days after such default, ten owners of real estate in such district or the owners of not less than ten percent in amount of the outstanding drainage bonds of such district may make application to the district court of the county wherein said drainage district is located, asking for an extension of time of payment, and a reamortization of the assessments on the real estate within such drainage district, which was in default, and a new schedule of payments of the bonds and other indebtedness, and the issuance of new bonds as provided by this part.
[C35, §7714-f2; C39, §7714.29; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §464.1]
89 Acts, ch 126, §2
CS89, §468.570
Referred to in §468.571
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.571 - Petition.

468.571 Petition.
Ten owners of real estate in such district, or the owners of not less than ten percent in amount of the outstanding drainage bonds of such drainage district, may institute proceedings in the district court of the county issuing such bonds wherein the drainage district is located, by filing a petition which shall set forth the names and addresses of the ten petitioning real estate owners or the names and addresses of the petitioning owners of ten percent in amount of the drainage bonds of said district, that said bonds are in default as defined in section 468.570, that the petitioners have good reason to believe that said default cannot, or will not, be removed by payment under the present schedule of said district, and asking that the matters herein presented be reviewed by the court, and determined as provided by this part.
[C35, §7714-f3; C39, §7714.30; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §464.2]
89 Acts, ch 126, §2
CS89, §468.571
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.572 - Hearing.

468.572 Hearing.
On the filing of such petition the court shall enter an order fixing the date for hearing, which date shall be at least four weeks subsequent to the date of the filing of the order.
[C35, §7714-f4; C39, §7714.31; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §464.3]
89 Acts, ch 126, §2
CS89, §468.572
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.573 - Parties — notice — service.

468.573 Parties — notice — service.
The board of supervisors of such county or counties wherein the drainage district is located, shall be notified of the proceeding and hearing by original notice served in the same manner as in civil actions; notice of said hearing shall be served upon all owners of each tract of land or lot within such drainage district, as shown by the transfer books in the county auditor’s office, upon each lienholder or encumbrancer of any land within the said drainage district as shown by the county records, and upon all persons holding claims against said drainage district, as shown by the county records, and also upon all other persons whom it may concern, including bondholders and actual occupants of the land within said drainage district, without naming individuals, by publication thereof, once each week for two consecutive weeks, in some newspaper of general circulation in the county or counties where said drainage district is located, the last of which publications shall be not less than twenty days prior to the date set for hearing on the said petition and a copy of such notice shall also be sent by ordinary mail to the person’s last known address unless there is on file an affidavit of one of the petitioners or the petitioner’s attorney stating that no mailing address is known and that diligent inquiry has been made to ascertain it. Such copy of notice shall be mailed not less than twenty days prior to the date set for hearing. Proof of publication and mailing shall be by affidavit and shall be included in the records of the proceedings.
[C35, §7714-f5; C39, §7714.32; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §464.4]
89 Acts, ch 126, §2
CS89, §468.573
Service of original notice,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.574 - Jurisdiction of court.

468.574 Jurisdiction of court.
The district court shall have jurisdiction and power to adjudicate all the rights and issues between the drainage district, and the landowners, bondholders, lienholders, encumbrancers, claimants and creditors of the drainage district, and in determining the rights of the parties, shall take into consideration, the maturity of the bonds, the interest rate of the bonds, the present schedule and classification of assessments on the real estate, the ratio between the amount in default, and the amount of unpaid assessments in the drainage district, the gross amount needed to retire the bonds now outstanding and in default, the current retirement schedule on other indebtedness of the drainage district, the general tax structure of the drainage district, the unpaid taxes in the drainage district, the default by the drainage district in the payment of its bonded indebtedness, and the current financial condition of the taxpayers.
[C35, §7714-f6; C39, §7714.33; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §464.5]
89 Acts, ch 126, §2
CS89, §468.574
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.575 - Conservator appointed.

468.575 Conservator appointed.
If the court finds that the necessary parties have instituted the proceedings, and that all necessary parties have been properly served with notice, and the order of the court, and that the drainage district is in default in the payment of its installment assessments, or the interest thereon, the court shall enter an order appointing the county auditor of the county in which such drainage district is located, or if such drainage district is located in more than one county, the county auditor of the county wherein the greater portion of the lands within said drainage district are located, receiver for the said drainage district, said receiver being hereafter called “conservator”, and the said conservator shall be under the court’s direction. The conservator shall be allowed such compensation as may be determined by the court, and said conservator may employ, under the direction and approval of the court, an attorney, and such assistants as may be necessary to perform the duties required by the conservator under the law, and orders of court.
[C35, §7714-f7; C39, §7714.34; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §464.6]
89 Acts, ch 126, §2
CS89, §468.575
2023 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.
1. 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, all of the following:
a. The bonded indebtedness of the drainage district.
b. The accrued interest on the bonded indebtedness, and any and all other indebtedness owing by the drainage district.
c. A full and complete schedule of all lands sold at tax sale, including the amount of drainage assessments thereon.
d. A list of all real estate within the drainage district, showing the unpaid assessments thereon.
e. A schedule, under which the bonded indebtedness of said drainage district may be reamortized.
f. A schedule under which all other indebtedness of said drainage district may be paid or reamortized.
2. 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 of the report.
[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
2022 Acts, ch 1021, §122
Section amended
2023 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.
1. 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.
2. 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.
3. 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.
4. 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. The indebtedness shall become due and payable at the same time as ordinary taxes, and shall be collected in the same manner with the same interest as for delinquency, and in the same manner as for 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; 2022 Acts, ch 1021, §123
Referred to in §468.578
Section amended
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.610 - Appeal — how tried — costs.

468.610 Appeal — how tried — costs.
The cause shall be tried in the district court by ordinary proceedings, upon such pleading as the court may direct, each party having the right to offer such testimony as shall be admissible under the rules of law. If the appellant does not recover a more favorable judgment in the district court than the appellant received in the decision of the board, the appellant shall pay all the costs of appeal.
[C97, §1957; C24, 27, 31, 35, 39, §7725; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.11]
89 Acts, ch 126, §2
CS89, §468.610
Referred to in §468.631
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.611 - Parties — judgment — orders.

468.611 Parties — judgment — orders.
The party claiming damages shall be the plaintiff and the applicant shall be the defendant; and the court shall render such judgment as shall be warranted by the verdict, the facts, and the law upon all the matters involved, and make such orders as will cause the same to be carried into effect.
[C73, §1224; C97, §1958; C24, 27, 31, 35, 39, §7726; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.12]
89 Acts, ch 126, §2
CS89, §468.611
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.612 - Costs and damages — payment.

468.612 Costs and damages — payment.
The applicant shall pay the costs of the board and auditor and for the serving of notices for hearing, the fees of witnesses summoned by the board on said hearing, and the recording of the finding of the board by the county recorder.
[C73, §1221; C97, §1959; S13, §1959; C24, 27, 31, 35, 39, §7727; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.13]
89 Acts, ch 126, §2
CS89, §468.612
Service of notice fees, §331.655, subsection 1
Witness fees, §622.69 – 622.75