9-9-35
Section 9-9-35 Payment of tax to district treasurer - Required; records. Any person owning
lands and other property assessed for the construction of any works of improvement under the
provisions of this article shall have the privilege of paying such tax assessment to the district
treasurer on or before a date to be fixed by the board of water management commissioners,
notice of which date shall be given by publication in a newspaper published in each county
in which lie lands in the district at least 10 days before such fixed date, and the amount
to be paid shall be the full amount of the tax levied less any amount added thereto to meet
interest. When such tax assessment has been paid, the secretary of the board of water management
commissioners shall enter upon the water management tax record opposite each tract for which
payment is made the words, "paid in full," and such tax assessment shall be deemed
satisfied, and the secretary of the board of water management commissioners shall...
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9-9-32
Section 9-9-32 Levy of annual installment of tax; form of certificate and order directing collection
of tax; preparation of tax record; proceedings as to delinquencies. (a) The said board of
water management commissioners shall each year thereafter determine, order and levy the amount
of the annual installment of the total taxes under Section 9-9-31, which shall become due
and be collected during said year at the same time that state and county taxes are due and
collected and which shall be evidenced and certified by the said board as provided in this
section. Prior to the first Monday in October of each year, one copy of the water management
tax book shall be delivered to the tax collector of each county in which benefited lands and
other benefited property of said district are situated after the judge of the court of probate
of the county in which the district was organized has affixed his signature to the certificate
and order directing the collection of said tax, and said tax shall...
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9-9-31
Section 9-9-31 Tax levy to defray expenses of proposed works and improvements generally; water
management tax record; additional taxes. (a) After the list of lands and other property with
the assessed benefits and the decree and judgment of the court have been filed as provided
in Section 9-9-29, the board of water management commissioners shall without unnecessary delay
levy a tax of such portion of said benefit on all lands and other property in the district
to which benefits have been assessed as may be found necessary by the board of water management
commissioners to defray the costs and expenses of the proposed works and improvements as incorporated
in the plan of water management, plus 10 percent of said total amount for emergencies. The
said tax shall be apportioned to and levied on each tract of land or other property in said
district in proportion to the benefits assessed and not in excess of 90 percent thereof; and,
in case bonds are issued as provided in this article, then...
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9-9-40
Section 9-9-40 Bonds - Remedies and proceedings upon default. (a) If any installment of principal
and interest evidenced by any bonds issued under the provisions of this article shall not
be paid at the time and in the manner when the same shall become due and payable, the same
shall bear interest at the rate of eight percent per annum until paid, and if such default
shall continue for a period of 60 days, the holder or holders of such bond or bonds upon which
default has been made may have a right of action against said water management district wherein
the court may issue a writ of mandamus against the officers of said district, including the
tax collector, directing the levying of a sufficient tax as provided in this article and the
collection of same in such sum as may be necessary to meet any unpaid installments of principal
and interest and costs of suit and such other remedies are hereby vested in the holder or
holders of such bond or bonds in default as may be authorized by...
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9-9-48
Section 9-9-48 Control and supervision of completed improvements; annual tax for repairs and
maintenance; payment of costs of repairs and maintenance; injury, damage or obstruction
of improvements. Whenever any improvement constructed under this article is completed, it
shall be under the control and supervision of the board of water management commissioners.
It shall be the duty of said board to maintain the levees, ditches, drains, watercourses,
floodwater retarding structures and any other improvements in good repair, and for this purpose
the board of water management commissioners may annually levy a tax on the lands benefited
by the construction of such improvement in the same manner as other water management taxes
are levied, not to exceed 10 percent of the assessed benefits in any one year, and the fund
that is collected shall be used for repairing and maintaining the ditches, drains, watercourses,
floodwater retarding structures and other improvements in perfect order;...
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9-9-37
Section 9-9-37 Bonds - Issuance. The board of water management commissioners may issue bonds
of the water management district from time to time for an amount equal in the aggregate to
the total cost of the improvement including all preliminary organization and administration
expenses not heretofore provided for, less such amounts as shall have been paid in cash to
the district treasurer. In no case, however, shall the par value of the bonds issued plus
such amounts as shall have been paid in cash to the district treasurer exceed 90 percent of
the aggregate of benefits assessed against the land or other property. The bonds shall be
numbered serially and shall bear interest not to exceed six percent per annum, payable semiannually,
and shall mature at annual intervals within 40 years commencing after a period of years not
later than five years to be determined by the board of water management commissioners, and
said bonds shall be signed by the president of the board of water management...
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9-9-39
Section 9-9-39 Bonds - Payment of principal and interest. The principal and interest of bonds
issued under this article shall be payable at such place or places as the board of commissioners
may designate. At least two weeks before the principal and interest of any bonds are due and
payable, it shall be the duty of the treasurer of the water management district to forward
to the place of payment named in such bonds an amount sufficient to meet the principal and
interest thereon coming due together with the customary fee of such paying back, not to exceed
one fourth of one percent. It shall be the duty of the board of water management commissioners
in making the annual tax levy as provided in this article to take into account the maturing
bonds and interest on all bonds and to make ample provisions in advance for the payment thereof.
In case the proceeds of the original tax levy made under the provisions of this article are
not sufficient to pay the principal and interest of all the...
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9-9-23
Section 9-9-23 Appointment of district engineer, etc.; preparation, adoption, etc., of report
and water management plan for improvements in district. (a) Within 60 days after the district
is established, it shall be the duty of the board of water management commissioners to appoint
as district engineer a competent civil or agricultural engineer of good standing in his profession
who is familiar with the type of project involved if said engineer is needed or required by
the district. Such services of an engineer may not be required if engineering services are
furnished by a federal, state or local agency. (b) In case an engineer is needed or required,
it shall be the duty of the court of probate to refer the report of the preliminary survey
or other plans to the district engineer, who shall make a survey of the district and shall
prepare a report with plans for improvements for the district. Such report shall include maps,
profiles, specifications, estimates of cost and other data and...
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9-9-29
Section 9-9-29 Filing of exceptions to report; hearing upon exceptions and report; approval
and confirmation of report; dismissal of proceedings and dissolution of district; transmittance
of copies of court decree and report of viewers; filing fee. On or before the day set for
the hearing of the final report of the board of viewers, the water management district or
any owner of land or other property in said district or any person having an interest in any
lands or other property within said district may file exceptions to said report or to any
assessment for either benefits or damages. All exceptions shall be heard by the court and
determined in a summary manner so as to carry out liberally the purposes and needs of the
district. If it appears to the satisfaction of the court, after having heard and determined
all of said exceptions, that the estimated cost of constructing the improvements contemplated
in the plan of water management or, in the case of a Public Law 566 watershed...
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40-27-1
a tax measured in any way by the capital of a corporation considered in its entirety. 6. "Gross
receipts tax" means a tax, other than a sales tax, which is imposed on or measured by
the gross volume of business, in terms of gross receipts or in other terms, and in the determination
of which no deduction is allowed which would constitute the tax an income tax. 7. "Sales
tax" means a tax imposed with respect to the transfer for a consideration of ownership,
possession or custody of tangible personal property or the rendering of services measured
by the price of the tangible personal property transferred or services rendered and
which is required by state or local law to be separately stated from the sales price by the
seller, or which is customarily separately stated from the sales price, but does not include
a tax imposed exclusively on the sale of a specifically identified commodity or article or
class of commodities or articles. 8. "Use tax" means a nonrecurring tax, other than
a...
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