(1)After the list of property, with the
appraised benefits as approved by the court or that part thereof from which no
appeal is pending, has been filed with the secretary of the district, then from time
to time, as the affairs of the district may demand, the board of directors shall levy
on all property upon which benefits have been appraised an assessment of such
portion of said benefits as may be found necessary by said board to pay the cost of
the appraisal, except as paid out of the preliminary fund, the preparation and
execution of the official plan including superintendence of construction and
administration during the period of construction plus ten percent of said total to be
added for contingencies but not to exceed, in the total of principal, the appraised
benefits so
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(1) After the list of property, with the
appraised benefits as approved by the court or that part thereof from which no
appeal is pending, has been filed with the secretary of the district, then from time
to time, as the affairs of the district may demand, the board of directors shall levy
on all property upon which benefits have been appraised an assessment of such
portion of said benefits as may be found necessary by said board to pay the cost of
the appraisal, except as paid out of the preliminary fund, the preparation and
execution of the official plan including superintendence of construction and
administration during the period of construction plus ten percent of said total to be
added for contingencies but not to exceed, in the total of principal, the appraised
benefits so adjudicated. The assessment to be known as the construction fund
assessment shall be apportioned to and levied on each tract of land or other
property in said district in proportion to the benefits appraised, and not in excess
thereof, and, in case bonds are issued as provided in articles 1 to 8 of this title, then
the amounts of interest which will accrue on such bonds, as estimated by said
board of directors, shall be included in and added to the said assessment, but the
interest to accrue on account of the issuing of said bonds shall not be construed as
a part of the cost of construction in determining whether or not the expenses and
costs of making said improvement are equal to or in excess of the benefits
appraised. As soon as said assessment is levied, the secretary of the district, at the
expense of the district, shall prepare in duplicate an assessment record of the
district. It shall be in the form of a well-bound book endorsed and named,
Construction Fund Assessment Record of .............. Conservancy District, which
endorsement shall also be printed at the top of each page thereof.
(2) The construction fund assessment record shall include a table or
schedule (Schedule Form VIII, 1) showing in properly ruled columns:
(a) The names of the owners of the property to which benefits are appraised,
which may be as they appear in the decree of the court confirming the appraisals,
and, in case of appraisals against a town, city, county, or other public corporation,
the name of the individual owners need not be given, but only the name of such
corporation;
(b) The descriptions of the items of property appraised and assessed,
arranged by counties;
(c) The total amount of benefits appraised against each item of property;
(d) The total assessment levied against each item of property to which
benefits have been appraised, and in this column of the record provision shall be
made for the entry of successive levies of assessments;
(e) A blank column in which the treasurer shall enter the assessments paid
within the sixty-day period in which property owners may pay their assessments;
(f) In successive columns, the construction fund installments, or if bonds are
issued, these columns may be designated bond fund installments, both principal
and interest, one column for each installment, with provision for the entry of
installments of successive levies, if any, and suitable blank columns in which the
county treasurer shall record the several installment amounts, principal and
interest, as collected by him, and the names of the persons paying the same. Where
successive levies of assessments are made for the construction fund, the
construction fund assessment record shall contain suitable notations to show the
number of levies and the amount of each, to the end that it may disclose the
aggregate of all levies for the construction fund.
(3) Upon the completion of the construction fund assessment record, it shall
be signed by the president of the district, and the seal of the district shall be
thereunto affixed and attested by the signature of the secretary, and the same
shall thereafter become a permanent record in the office of said district.
(4) If it is found at any time that the total amount of assessments levied is
insufficient to pay the cost of the works set out in the official plan or of additional
work done, the board of directors may levy such additional assessments and may
make such amendments or supplements to the construction fund assessment
record from time to time as may be necessary to provide funds to complete the
work, but the total of all such assessments, exclusive of interest, shall not exceed
the total of benefits appraised.
(5) After the cost of the works set out in the official plan or of additional
work done has been paid in full, any or all moneys remaining in the construction
fund may be transferred by the board of directors to the maintenance fund.