§ 14-320-111 - Levy of tax.
               	 		
14-320-111.    Levy of tax.
    (a)    (1)  The  circuit court shall, at the time the assessment of benefits is filed or  at any subsequent time when called upon by the commissioners of the  district, enter upon its records an order which shall have the force of a  judgment, providing that there shall be assessed upon the real property  of the district a tax sufficient to pay the district's proportionate  part of the estimated cost of the improvement with ten percent (10%)  added for unforeseen contingencies.
      (2)  This  tax shall be paid by the real property owners in the district in the  proportion to the amount of the assessment of benefits thereon and shall  be paid in annual installments not to exceed twenty-five percent (25%)  for any one (1) year as provided in the order.
      (3)  The  tax so levied shall be a lien upon all the real property in the  district from the time the tax is levied by the circuit court and shall  be entitled to preference over all demands, executions, incumbrances, or  liens whensoever created and shall continue until the assessment with  penalty and costs that may accrue thereon have been paid.
      (4)  The  remedy against the assessment of taxes shall be by appeal, and the  appeal must be taken within twenty (20) days from the time the  assessment has been made by the circuit court, and on appeal the  presumption shall be in favor of the validity of the tax.
(b)  If  the commissioners do not deem it to the advantage of the district to  proceed immediately with the construction of the improvement upon the  filing and confirmation of the assessment of benefits, then they may  report to the circuit court the rate of taxation necessary to be levied  to pay the preliminary expenses of the district. They shall petition the  court to continue the actual construction of the improvement to a more  advantageous time, and thereupon it shall be the duty of the court to  make a levy of taxes upon the real property in the district sufficient  to pay the preliminary expenses with ten percent (10%) added for  unforeseen contingencies, and shall continue the actual construction of  the improvement to a more advantageous time.