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PAG LIN 1 1 Section 1. Section 468.34, Code 1995, is amended to read 1 2 as follows: 1 3 468.34 ADVERTISEMENT FOR BIDS. 1 4 The board shall publish notice once each week for two 1 5 consecutive weeks in a newspaper published in the county where 1 6 the improvement is located, and publish additional 1 7 advertisement and publication elsewhere as the board may 1 8 direct. The notice shall state the time and place of letting 1 9 the work of construction of the improvement, specifying the 1 10 approximate amount of work to be done in each numbered section 1 11 of the district, the time fixed for the commencement, and the 1 12 time of the completion of the work, that bids will be received 1 13 on the entire work and in sections or divisions of it, and 1 14 that a bidder will be required to deposit with the bid cash, a 1 15 bid bond, a certified check on and certified by a bank in 1 16 Iowa, or a certified share draft from a credit union in Iowa 1 17 payable to the auditor or the auditor's order, at the 1 18 auditor's office, in an amount equal to ten percent of the 1 19 bid, in no case to exceed ten thousand dollars. If the 1 20 estimated cost of the improvement exceeds fifteen thousand 1 21 dollars, the board may make additional publication for two 1 22 consecutive weeks in a contractors' journal of general 1 23 circulation, giving only the type of proposed construction or 1 24 repairs, estimated amount, date of letting, amount of bidder's 1 25 bond, and name and address of the county auditor. All notices 1 26 shall fix the date to which bids will be received and upon 1 27 which the work will be let. However, when the estimated cost 1 28 of the improvement is less than ten thousand dollars, the 1 29 board may let the contract for the construction without taking 1 30 bids and without publishing notice. 1 31 Sec. 2. Section 468.57, subsection 2, unnumbered paragraph 1 32 1, Code Supplement 1995, is amended to read as follows: 1 33 To pay the assessments in not less than ten nor more than 1 34 twenty equal installments, with the number of payments and 1 35 interest rate determined by the board, notwithstanding chapter 2 1 74A. The first installment of each assessment, or the total 2 2 amount if less than one hundred dollars, is due and payable on 2 3 July 1 next succeeding the date of the levy, unless the 2 4 assessment is filed with the county treasurer after May 31 in 2 5 any year. The first installment shall bear interest on the 2 6 whole unpaid assessment from the date of the levy as set by 2 7 the board to the first day of December following the due date. 2 8 The succeeding annual installments, with interest on the whole 2 9 unpaid amount, to the first day of December following the due 2 10 date, are respectively due on July 1 annually, and must be 2 11 paid at the same time and in the same manner as the first 2 12 semiannual payment of ordinary taxes. All future installments 2 13 of an assessment may be paid on any date by payment of the 2 14 then outstanding balance plus interestaccrued to the date of2 15paymentto the next December 1, or additional annual 2 16 installments may be paid after the current installment has 2 17 been paid before December 1 without interest. A payment must 2 18 be for the full amount of the next installment. If 2 19 installments remain to be paid, the next annual installment 2 20 with interest added to December 1 shall be due. After 2 21 December 1, if a drainage assessment is not delinquent, a 2 22 property owner may pay one-half or all of the next annual 2 23 installment of principal and interest of a drainage assessment 2 24 prior to the delinquency date of the installment. When the 2 25 next installment has been paid in full, successive principal 2 26 installments may be prepaid. The county treasurer shall 2 27 accept the payments of the drainage assessment, and shall 2 28 credit the next annual installment or future installments of 2 29 the drainage assessment to the extent of the payment or 2 30 payments, and shall remit the payments to the drainage fund. 2 31 If a property owner elects to pay one or more principal 2 32 installments in advance, the pay schedule shall be advanced by 2 33 the number of principal installments prepaid. Each 2 34 installment of an assessment with interest on the unpaid 2 35 balance is delinquent from October 1 after its due date, 3 1including those instances when the last day of September is a3 2Saturday or Sunday,unless the last day of September is a 3 3 Saturday or Sunday, in which case the installment becomes 3 4 delinquent from the following Tuesday, and bears the same 3 5 delinquent interest as ordinary taxes. When collected, the 3 6 interest must be credited to the same drainage fund as the 3 7 drainage special assessment. 3 8 Sec. 3. Section 468.63, Code 1995, is amended to read as 3 9 follows: 3 10 468.63 DRAINAGE SUBDISTRICT. 3 11 After the establishment of a drainage district, a person 3 12 owning land within the district which has been assessed for 3 13 benefits, but which is separated from the main ditch, drain, 3 14 or watercourse for which it has been so assessed, by the land 3 15 of others, who desires a ditch or drain constructed from the 3 16 person's land across the land of the others in order to 3 17 connect with the main ditch, drain, or watercourse, and is 3 18 unable to agree with the intervening owners on the terms and 3 19 conditions on which the person may enter upon their lands and 3 20 cause to be constructed the connecting drain or ditch, may 3 21 file a petition for the establishment of a subdistrictand3 22shall give notice of the filing of the petition to each person3 23whose land may be included in the subdistrict or may be3 24assessed in the subdistrict in the manner provided by sections3 25468.14 through 468.18 for the notice of the hearing and have3 26proofs on file before the appointment of the engineer, if one3 27is appointed. Thereafter, the proceedings shall be the same 3 28 as provided for the establishment of an original district. 3 29 Sec. 4. Section 468.621, Code 1995, is amended to read as 3 30 follows: 3 31 468.621 DRAINAGE IN COURSE OF NATURAL DRAINAGE – 3 32 RECONSTRUCTION – DAMAGES. 3 33 Owners of land may drain the land in the general course of 3 34 natural drainage by constructing or reconstructing open or 3 35 covered drains, discharging the drains in any natural 4 1 watercourse or depression so the water will be carried into 4 2 some other natural watercourse, and if the drainage is wholly 4 3 upon the owner's land the owner is not liable in damages for 4 4 the drainageunless it increases the quantity of water or4 5changes the manner of discharge on the land of another. An 4 6 owner in constructing a replacement drain, wholly on the 4 7 owner's land, and in the exercise of due care, is not liable 4 8 in damages to another if a previously constructed drain on the 4 9 owner's own land is rendered inoperative or less efficient by 4 10 the new drain, unless in violation of the terms of a written 4 11 contract. This section does not affect the rights or 4 12 liabilities of proprietors in respect to running streams. 4 13 EXPLANATION 4 14 Section 1 of the bill relates to advertising for bids for 4 15 contracts to improve, construct, or repair levee or drainage 4 16 districts. Section 1 provides that a bidder may use a bid 4 17 bond as security, in an amount equal to 10 percent of the bid 4 18 or not to exceed $10,000, for the county which is accepting 4 19 bids. A bid bond is a type of bond used in public 4 20 construction projects which is filed at the time of the bid. 4 21 A bid bond protects the entity of government which is 4 22 accepting bids in the event that the bidder refuses to enter 4 23 into a contract after the award of the contract to the bidder. 4 24 Section 2 relates to installment payments on drainage 4 25 district assessments. Section 2 amends section 468.57, 4 26 subsection 2, relating to installment payments on drainage 4 27 district special assessments to conform to provisions in 4 28 section 384.65, subsections 2, 3, and 4. Section 2 provides 4 29 that after the first and succeeding annual installments on 4 30 assessments are paid, all future installments of assessments 4 31 add interest to the next December 1 on payments due. However, 4 32 after an installment that is due is paid, an additional 4 33 installment may be paid before December 1 without interest. 4 34 Section 2 also provides that a payment must be for the full 4 35 amount of the next installment. If installments remain to be 5 1 paid, the next annual installment with interest added to 5 2 December 1 is due. After December 1, if an assessment is not 5 3 delinquent, a property owner may pay one-half or all of the 5 4 next annual installment of principal and interest of an 5 5 assessment prior to the delinquency date of the installment. 5 6 When the next installment has been paid in full, successive 5 7 principal installments may be prepaid. 5 8 Section 2 further provides that each installment of an 5 9 assessment with interest on the unpaid balance is delinquent 5 10 from October 1 after its due date, unless the last day of 5 11 September is a Saturday or Sunday, in which case the 5 12 installment becomes delinquent from the following Tuesday. 5 13 Existing law provides that such interest on the unpaid balance 5 14 is delinquent from October 1 after its due date, including 5 15 those instances when the last day of September is a Saturday 5 16 or Sunday. 5 17 Section 3 eliminates the provision of existing law which 5 18 requires a property owner, not the drainage district, who is 5 19 filing a petition to establish a subdistrict, to give notice 5 20 of the filing of the petition to each person whose land may be 5 21 included in the subdistrict or may be assessed in the 5 22 subdistrict. 5 23 Section 4 eliminates the provision holding an owner of land 5 24 liable if changes to drainage wholly upon the owner's land 5 25 increase the quantity of water or change the manner of 5 26 discharge on the land of another. 5 27 LSB 4259HV 76 5 28 kah/cf/24
Text: HF02424 Text: HF02426 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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