House
File
460
-
Introduced
HOUSE
FILE
460
BY
WINDSCHITL
A
BILL
FOR
An
Act
relating
to
drainage
or
levee
districts
by
providing
1
for
mergers,
bidding
requirements,
the
annexation
of
land,
2
and
special
agreements,
and
authorizing
the
imposition
of
3
assessments
upon
affected
landowners.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
MERGER
2
Section
1.
NEW
SECTION
.
468.262
Purpose.
3
One
or
more
drainage
or
levee
districts
may
merge
with
4
another
levee
or
drainage
district
as
provided
in
this
part
in
5
such
a
manner
that
the
surviving
drainage
or
levee
district
6
continues
to
exist
and
absorbs
each
old
drainage
or
levee
7
district
which
dissolves.
8
Sec.
2.
NEW
SECTION
.
468.263
Requirements.
9
1.
In
order
for
a
merger
to
occur,
all
of
the
following
must
10
apply:
11
a.
Immediately
prior
to
the
merger,
all
of
the
following
12
conditions
must
be
satisfied:
13
(1)
One
boundary
of
the
proposed
old
drainage
or
levee
14
district
must
completely
adjoin
all
or
part
of
the
boundary
of
15
the
proposed
surviving
drainage
or
levee
district.
16
(2)
The
drainage
or
levee
district
includes
a
number
of
17
levees
that
are
operating
separately
in
a
manner
that
does
not
18
benefit
the
territory
served
by
the
multiple
districts.
19
b.
Each
board
considering
the
proposed
merger
must
determine
20
all
of
the
following:
21
(1)
The
merger
will
benefit
the
owners
of
the
land
of
the
22
board’s
district.
23
(2)
It
is
in
the
best
interests
of
all
landowners
in
all
24
proposed
old
drainage
or
levee
districts
and
the
proposed
25
surviving
district
to
establish
a
system
of
levees
managed
as
26
part
of
a
system.
27
2.
A
merger
may
occur
notwithstanding
that
a
drainage
or
28
levee
district
is
not
otherwise
eligible
for
dissolution
as
29
provided
in
part
6.
30
Sec.
3.
NEW
SECTION
.
468.264
Hearing.
31
The
boards
of
one
or
more
proposed
old
drainage
or
levee
32
districts
and
the
board
of
a
proposed
surviving
drainage
or
33
levee
district
may,
upon
respective
motions,
enter
an
order
to
34
conduct
one
or
more
hearings
regarding
a
proposed
merger.
If
35
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460
the
board
of
at
least
one
proposed
old
district
or
the
board
of
1
the
proposed
surviving
district
orders
a
hearing,
all
of
the
2
following
applies:
3
1.
A
hearing
shall
be
conducted
within
forty
days
after
4
the
date
the
order
to
conduct
the
hearing
is
entered
by
that
5
district’s
board.
6
2.
The
proposed
surviving
drainage
or
levee
district
shall
7
immediately
provide
notice
of
each
hearing.
The
notice
may
be
8
provided
by
any
of
the
following:
9
a.
Personal
delivery
to
the
same
persons
and
in
the
same
10
manner
as
provided
in
section
468.257,
subsection
2.
11
b.
Publication
once
each
week
for
two
consecutive
weeks
in
12
a
newspaper
published
in
each
county
where
the
proposed
old
and
13
surviving
drainage
or
levee
districts
are
located.
The
notice
14
must
at
a
minimum
describe
the
purpose
of
the
hearing
and
the
15
time
and
date
of
the
hearing.
16
3.
a.
The
boards
of
one
or
more
proposed
old
drainage
or
17
levee
districts
and
the
board
of
a
proposed
surviving
drainage
18
or
levee
district
may
conduct
the
hearings
jointly.
19
b.
Nothing
in
this
section
prevents
a
proposed
old
or
a
20
proposed
surviving
drainage
and
levee
district
board
from
21
convening
and
conducting
a
hearing
in
a
manner
consistent
with
22
section
468.258.
23
4.
The
boards
of
the
proposed
old
district
and
the
proposed
24
surviving
district
may
vote
on
the
question
to
merge.
However,
25
the
vote
must
be
within
forty-five
days
of
the
last
hearing.
26
5.
Upon
the
affirmative
vote
by
the
board
of
at
least
one
27
proposed
old
district
and
the
board
of
the
proposed
surviving
28
district,
the
boards
shall
meet
jointly
to
vote
for
the
29
adoption
of
a
merger
resolution.
The
resolution
shall
be
30
deemed
disapproved
unless
the
boards,
meeting
jointly,
vote
to
31
approve
the
resolution
within
forty-five
days
after
the
last
32
district
voted
to
approve
the
merger.
Any
costs
associated
33
with
conducting
a
joint
meeting
shall
be
borne
by
the
district
34
proposed
to
be
the
surviving
district,
regardless
of
the
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outcome
of
the
vote.
1
Sec.
4.
NEW
SECTION
.
468.265
Joint
order
for
merger.
2
A
merger
approved
by
the
board
of
at
least
one
old
drainage
3
or
levee
district
and
the
board
of
a
surviving
drainage
or
4
levee
district
as
provided
in
this
section
shall
be
effectuated
5
according
to
the
terms
and
conditions
of
a
joint
order
for
6
merger
entered
by
those
boards.
7
1.
The
joint
order
shall
be
filed
with
the
county
auditor
of
8
the
county
in
which
the
surviving
drainage
or
levee
district
9
is
located
and
noted
on
the
drainage
record
in
the
same
manner
10
as
provided
in
section
468.258.
11
2.
Upon
the
filing
of
the
joint
order
with
the
county
12
auditor
as
provided
in
subsection
1,
all
of
the
following
13
applies:
14
a.
The
title
to
all
real
estate,
other
property,
15
improvement,
and
any
right-of-way
held
by
an
old
drainage
or
16
levee
district
is
vested
in
the
surviving
drainage
or
levee
17
district,
subject
to
any
condition
which
applied
immediately
18
prior
to
the
merger.
19
b.
The
surviving
drainage
or
levee
district
assumes
all
20
existing
obligations
of
an
old
drainage
or
levee
district.
21
c.
A
proceeding
pending
against
an
old
drainage
or
levee
22
district
may
be
continued
as
if
the
merger
did
not
occur
or
the
23
surviving
drainage
or
levee
district
may
be
substituted
in
the
24
proceeding
for
the
old
drainage
or
levee
district.
25
d.
The
merger
does
not
affect
a
classification
of
land
or
26
the
levy
of
assessments.
27
e.
The
original
cost
and
the
subsequent
cost
of
improvements
28
in
the
old
drainage
or
levee
district
shall
be
added
to
and
29
become
a
part
of
the
original
cost
and
the
subsequent
cost
of
30
improvements
in
the
surviving
district.
31
3.
The
surviving
drainage
or
levee
district
shall
pay
any
32
remaining
costs
associated
with
the
merger.
33
Sec.
5.
DIRECTIONS
TO
CODE
EDITOR.
The
Code
editor
shall
34
codify
the
provisions
of
this
Act
as
chapter
468,
subchapter
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460
I,
part
7.
1
DIVISION
II
2
BIDDING
PROCEDURES
3
Sec.
6.
Section
468.34,
Code
2013,
is
amended
by
striking
4
the
section
and
inserting
in
lieu
thereof
the
following:
5
468.34
Bidding
procedures
——
Iowa
Construction
Bidding
6
Procedures
Act.
7
When
ordering
the
construction
of
an
improvement
under
8
this
part,
the
board
and
any
bidders
shall
comply
with
the
9
competitive
bid
requirements
applicable
to
a
governmental
10
entity
ordering
the
construction
of
a
public
improvement
in
11
chapter
26.
12
Sec.
7.
Section
468.66,
Code
2013,
is
amended
to
read
as
13
follows:
14
468.66
Bids
required.
15
In
case
the
board
shall
finally
determine
determines
that
16
any
such
changes
as
defined
a
change
described
in
section
17
468.62
shall
be
made
involving
an
expenditure
of
twenty
18
thousand
dollars
or
more
increases
the
cost
of
the
improvement
19
to
more
than
the
competitive
bid
threshold
as
provided
in
20
section
26.3
,
the
work
shall
be
let
by
bids
in
the
same
21
manner
as
is
provided
for
the
original
construction
of
such
22
improvements
board
and
any
bidders
shall
comply
with
the
23
competitive
bid
requirements
applicable
to
a
governing
entity
24
ordering
the
construction
of
a
public
improvement
in
chapter
25
26
.
26
Sec.
8.
Section
468.126,
subsection
1,
paragraph
c,
Code
27
2013,
is
amended
by
striking
the
paragraph
and
inserting
in
28
lieu
thereof
the
following:
29
c.
When
ordering
a
repair
under
this
section,
the
board
and
30
any
bidders
shall
comply
with
the
competitive
bid
requirements
31
applicable
to
a
governing
entity
ordering
the
construction
of
a
32
public
improvement
in
chapter
26.
33
Sec.
9.
Section
468.126,
subsection
2,
Code
2013,
is
amended
34
to
read
as
follows:
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460
2.
In
the
case
of
minor
repairs
not
in
excess
of
the
1
competitive
bid
threshold
as
provided
in
section
26.3
,
or
in
2
the
eradication
of
brush
and
weeds
along
the
open
ditches
,
not
3
in
excess
of
twenty
thousand
dollars
,
where
the
board
finds
4
that
a
saving
to
the
district
will
result,
the
board
may
cause
5
the
repairs
or
eradication
to
be
done
by
secondary
road
fund
6
equipment,
or
weed
fund
equipment,
and
labor
of
the
county
and
7
then
reimburse
the
secondary
road
fund
or
the
weed
fund
from
8
the
fund
of
the
drainage
district
thus
benefited.
9
Sec.
10.
Section
468.126,
subsection
4,
Code
2013,
is
10
amended
to
read
as
follows:
11
4.
For
the
purpose
of
this
subsection
,
an
“improvement”
in
12
a
drainage
or
levee
district
in
which
any
ditch,
tile
drain
or
13
other
facility
has
previously
been
constructed
is
a
project
14
intended
to
expand,
enlarge
,
or
otherwise
increase
the
capacity
15
of
any
existing
ditch,
drain
,
or
other
facility
above
that
for
16
which
it
was
designed.
17
a.
When
the
board
determines
that
improvements
are
an
18
improvement
is
necessary
or
desirable,
the
board
shall
appoint
19
an
engineer
to
make
surveys
as
seem
appropriate
to
determine
20
the
nature
and
extent
of
the
needed
improvements
improvement
,
21
and
to
file
a
report
showing
what
improvements
are
improvement
22
is
recommended
and
their
its
estimated
costs
cost
,
which
report
23
may
be
amended
before
final
action.
If
the
estimated
cost
of
24
the
improvements
does
not
exceed
twenty
thousand
dollars,
or
25
twenty-five
percent
of
the
original
cost
of
the
district
and
26
subsequent
improvements,
whichever
is
the
greater
amount,
the
27
board
may
order
the
work
done
without
notice.
The
board
shall
28
not
divide
proposed
improvements
into
separate
programs
in
29
order
to
avoid
the
limitation
for
making
improvements
without
30
notice
compliance
with
paragraph
“b”
.
If
the
board
deems
31
it
desirable
to
make
improvements
where
the
estimated
cost
32
exceeds
the
twenty
thousand
dollar
or
twenty-five
percent
33
limit,
the
board
shall
set
a
date
for
a
hearing
on
the
matter
34
of
constructing
the
proposed
improvements
and
also
on
the
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matter
of
whether
there
shall
be
a
reclassification
of
benefits
1
for
the
cost
of
the
proposed
improvements
and
shall
give
2
notice
as
provided
in
sections
468.14
through
468.18
.
At
the
3
hearing,
the
board
shall
hear
objections
to
the
feasibility
4
of
the
proposed
improvements
and
arguments
for
or
against
5
a
reclassification
presented
by
or
for
any
taxpayer
of
the
6
district.
Following
the
a
hearing
,
if
required
by
section
7
26.12
,
the
board
shall
order
that
the
improvements
it
deems
8
desirable
and
feasible
be
made
and
shall
also
determine
whether
9
there
should
be
a
reclassification
of
benefits
for
the
cost
of
10
improvements.
If
it
is
determined
that
a
reclassification
of
11
benefits
should
be
made,
the
board
shall
proceed
as
provided
in
12
section
468.38
.
In
lieu
of
publishing
the
notice
of
a
hearing
13
as
provided
by
this
subsection
section
362.3
,
the
board
may
14
mail
a
copy
of
the
notice
to
each
address
where
a
landowner
in
15
the
district
resides
by
first
class
mail
if
the
cost
of
mailing
16
is
less
than
publication
of
the
notice.
The
mailing
shall
be
17
made
during
the
time
the
notice
would
otherwise
be
required
to
18
be
published.
19
b.
When
ordering
the
construction
of
an
improvement
under
20
this
subsection,
the
board
shall
comply
with
the
competitive
21
bid
requirements
applicable
to
a
governing
entity
ordering
the
22
construction
of
a
public
improvement
in
chapter
26.
23
c.
If
the
estimated
cost
of
the
improvements
as
defined
24
in
this
subsection
exceeds
twenty-five
thousand
dollars
the
25
competitive
bid
threshold
as
provided
in
section
26.3
,
or
the
26
original
cost
of
the
district
plus
the
cost
of
subsequent
27
improvements
in
the
district,
whichever
is
the
greater
amount,
28
a
majority
of
the
landowners,
owning
in
the
aggregate
more
than
29
seventy
percent
of
the
total
land
in
the
district,
may
file
a
30
written
remonstrance
against
the
proposed
improvements,
at
or
31
before
the
time
fixed
for
hearing
on
the
proposed
improvements,
32
with
the
county
auditor,
or
auditors
in
case
the
district
33
extends
into
more
than
one
county.
If
a
remonstrance
is
filed,
34
the
board
shall
discontinue
and
dismiss
all
further
proceedings
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460
on
the
proposed
improvements
and
charge
the
costs
incurred
1
to
date
for
the
proposed
improvements
to
the
district.
Any
2
interested
party
may
appeal
from
such
orders
in
the
manner
3
provided
in
this
subchapter,
parts
1
through
5
.
However,
this
4
section
does
not
affect
the
procedures
of
section
468.132
5
covering
the
common
outlet.
6
Sec.
11.
REPEAL.
Sections
468.35
and
468.36,
Code
2013,
7
are
repealed.
8
DIVISION
III
9
ANNEXED
LAND
10
Sec.
12.
Section
468.121,
Code
2013,
is
amended
to
read
as
11
follows:
12
468.121
Levy
Assessment
levied
on
annexed
lands.
13
After
annexation
is
made
territory
has
been
annexed
by
a
14
drainage
or
levee
district,
the
board
may
levy
upon
the
annexed
15
lands
an
assessment
sufficient
to
equal
the
assessments
for
16
benefit
originally
paid
by
the
lands
of
equal
classification
17
if
the
finding
by
the
board
as
provided
by
section
468.119
18
was
that
the
lands
should
have
been
included
in
the
district
19
when
originally
established,
plus
their
proportionate
share
of
20
the
costs
of
any
enlargement
or
extension
of
drains
required
21
to
serve
the
annexed
lands.
If
the
finding
of
the
board
22
as
provided
in
section
468.119
was
based
on
the
fact
that
23
additional
lands
are
now
benefited
by
virtue
of
the
repair,
24
improvement,
or
the
change
of
the
topographical
conditions
25
made
to
the
district
and
were
not
benefited
by
the
district
26
as
originally
established,
then
the
board
shall
levy
upon
27
the
annexed
lands
an
assessment
sufficient
to
pay
their
the
28
proportionate
share
of
the
costs
of
the
repair
or
improvement
29
which
was
the
basis
for
the
lands
being
annexed.
If
the
30
board
finds
that
the
lands
are
presently
receiving
benefits
31
from
the
district
but
that
some
were
reasonably
omitted
32
from
the
original
establishment
because
of
the
change
of
the
33
topographical
conditions,
the
assessments
levied
upon
the
34
annexed
lands
shall
be
limited
to
a
proportionate
share
of
35
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the
costs
of
current
and
future
maintenance,
repairs
,
and
1
improvements.
2
Sec.
13.
NEW
SECTION
.
468.121A
Ordinary
and
special
3
assessment
on
annexed
lands.
4
1.
After
annexed
lands
have
been
classified
and
the
benefits
5
determined
as
provided
in
section
468.120,
such
classification
6
shall
be
the
basis
for
all
future
assessments
in
the
district
7
as
which
shall
be
imposed
as
provided
in
this
subchapter.
8
2.
In
addition
to
the
assessment
described
in
subsection
1,
9
the
board
may
impose
a
special
assessment
on
the
annexed
lands
10
for
the
cost
of
improvements
made
within
the
district
for
not
11
longer
than
five
years
prior
to
the
date
of
annexation.
12
a.
In
order
to
impose
the
special
assessment
the
board
13
must
approve
a
report
by
an
engineer
appointed
by
the
board
as
14
provided
in
this
subchapter
stating
those
improvements
directly
15
benefiting
the
annexed
land
made
within
the
five-year
period.
16
b.
The
amount
of
the
special
assessment
shall
not
exceed
the
17
amount
that
would
have
been
assessed
if
the
annexed
land
were
18
part
of
the
drainage
or
levee
district
during
the
five
previous
19
years.
20
c.
This
board
shall
not
impose
the
special
assessment
if
21
the
annexed
land
is
subject
to
an
assessment
levied
pursuant
22
to
section
468.121.
23
DIVISION
IV
24
AGREEMENTS
25
Sec.
14.
Section
468.187,
Code
2013,
is
amended
to
read
as
26
follows:
27
468.187
Agreements
with
outside
owners
or
other
districts.
28
1.
Levee
and
drainage
districts
are
empowered
to
enter
into
29
agreements
with
the
owners
of
lands
lying
inside
or
outside
of
30
said
districts,
or
with
other
levee
and
drainage
districts
or
31
municipalities,
to
provide
levee
protection
or
drainage
for
32
such
lands
on
such
terms
as
the
board
may
agree
and
subject
to
33
the
following
terms
and
conditions:
34
1.
a.
The
facilities
of
the
district
furnishing
the
service
35
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shall
not
be
overburdened.
1
2.
b.
There
shall
be
no
additional
cost
to
the
district
2
furnishing
the
service.
3
3.
c.
The
agreement
shall
be
in
writing,
be
made
a
part
of
4
the
drainage
records
and
shall
include
all
of
the
following:
5
a.
(1)
The
description
of
the
lands
to
be
served
;
.
6
b.
(2)
The
location
of
tile
lines
constructed
or
to
be
7
constructed
;
.
8
c.
(3)
The
consideration
to
be
paid
to
the
district
9
furnishing
the
service
and
the
classification
of
the
lands
to
10
be
served
;
and
.
11
d.
(4)
Such
other
provisions
as
the
board
deems
necessary.
12
2.
The
provisions
in
an
agreement
described
in
subsection
13
1
modify
other
provisions
of
this
chapter
applicable
to
such
14
lands.
15
EXPLANATION
16
BACKGROUND.
When
a
drainage
or
levee
district
is
first
17
established,
it
is
managed
by
a
board
of
supervisors
in
the
18
county
where
the
district
is
located
or
by
a
joint
board
of
19
supervisors
if
the
district
extends
into
more
than
one
county
20
(Code
chapter
468,
subchapter
I).
After
the
district
has
21
been
established,
the
board
of
supervisors,
or
joint
board
of
22
supervisors,
may
transfer
its
jurisdiction
to
another
governing
23
body,
including
a
three-member
board
of
elected
trustees.
24
MERGER.
This
bill
provides
that
one
or
more
drainage
or
25
levee
districts
may
merge
with
another
levee
or
drainage
26
district
in
such
a
manner
that
the
surviving
drainage
or
levee
27
district
continues
to
exist
and
absorbs
each
old
drainage
28
or
levee
district
which
dissolves.
In
order
for
a
merger
29
to
occur,
the
districts
must
have
adjacent
borders,
the
30
districts
must
include
one
or
more
levees,
and
the
respective
31
boards
of
the
districts
must
determine
that
the
merger
will
32
benefit
their
district’s
landowners.
The
boards
of
each
33
proposed
old
district
and
the
proposed
surviving
district
34
must
conduct
hearings
separately
or
jointly.
If
the
merger
35
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is
approved
by
at
least
one
proposed
old
district
and
the
1
board
of
the
proposed
surviving
district,
the
boards
must
2
meet
jointly
to
vote
for
the
adoption
of
a
merger
resolution.
3
The
effect
of
the
resolution
is
to
transfer
and
vest
to
the
4
surviving
district
title
to
real
estate
or
other
property
5
and
rights-of-way
held
by
an
old
district.
The
surviving
6
district
assumes
all
existing
obligations
of
an
old
district.
7
The
merger
does
not
affect
a
classification
of
land
or
the
8
levy
of
assessments.
The
bill
directs
the
Code
editor
to
9
organize
these
provisions
as
a
new
part
7
of
Code
chapter
468,
10
subchapter
I.
11
BIDDING
PROCEDURES.
A
number
of
provisions
require
12
the
board
to
advertise
for
bids
when
awarding
contracts
to
13
construct
an
improvement
or
make
a
repair.
The
provisions
14
usually
require
the
board
to
publish
a
notice
in
a
newspaper,
15
hold
a
hearing,
opening
bid
responses,
posting
bonds,
and
16
awarding
contracts
(Code
sections
468.34
through
468.37).
17
These
provisions
apply
if
the
amount
of
the
work
exceeds
a
18
certain
threshold
($20,000).
However,
the
“Iowa
Construction
19
Bidding
Procedures
Act”
(Code
chapter
26)
provides
similar
20
requirements
for
a
“governmental
entity”
defined
in
part
to
21
mean
the
state,
political
subdivisions
of
the
state,
and
all
22
boards
or
commissions
empowered
to
enter
into
contracts
for
23
the
construction
of
public
improvements.
The
threshold
that
24
triggers
those
requirements
is
an
amount
in
excess
of
$100,000.
25
The
bill
requires
the
board
to
follow
the
competitive
bid
26
requirements
of
Code
chapter
26.
27
ANNEXED
LAND
——
ASSESSMENTS.
The
bill
amends
provisions
28
which
allow
a
drainage
or
levee
district
to
annex
territory
for
29
purposes
of
ensuring
that
persons
benefiting
from
a
district
30
also
pay
for
its
maintenance
(Code
section
468.119).
The
bill
31
provides
that
after
the
annexed
lands
have
been
classified
and
32
the
benefits
determined
by
the
board,
the
classifications
shall
33
be
used
as
the
basis
for
future
assessments.
In
addition,
the
34
board
may
impose
a
special
assessment
on
the
annexed
lands
35
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H.F.
460
for
the
cost
of
improvements
made
within
the
district
for
not
1
longer
than
five
years
prior
to
the
date
of
annexation.
The
2
amount
of
the
special
assessment
cannot
exceed
the
amount
that
3
would
have
been
assessed
if
the
annexed
lands
were
part
of
the
4
drainage
or
levee
district
during
that
period.
A
board
which
5
uses
this
option
cannot
also
assess
the
land
based
on
current
6
law
which
provides
that
the
board
may
impose
a
levy
on
assessed
7
land
for
a
cost
originally
assumed
by
the
district
but
where
8
not
assessed
upon
the
annexed
land
because
such
land
was
not
9
included
due
to
oversight
(Code
section
468.121).
10
USE
OF
AGREEMENTS.
The
bill
amends
a
provision
that
11
authorizes
the
board
to
enter
into
agreements
with
an
owner
12
of
land
located
outside
the
district,
or
another
district
or
13
city,
in
a
manner
that
benefits
that
outside
party
(e.g.,
14
extending
levee
protection)
subject
to
a
number
of
conditions
15
(the
facilities
of
the
district
cannot
be
overburdened,
16
there
cannot
be
any
additional
cost
to
the
district,
and
the
17
agreement
must
be
part
of
the
district’s
records).
The
bill
18
provides
that
the
district
may
enter
into
an
agreement
with
an
19
owner
of
land
located
within
the
district.
It
also
provides
20
that
the
agreement’s
provisions
may
modify
any
other
applicable
21
provision
in
drainage
law.
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