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Senate File 2438

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2438
  1  2 
  1  3                             AN ACT 
  1  4 RELATING TO THE CREATION OF A WATER QUALITY DISTRICT,
  1  5    PROVIDING FOR THE LEVY OF A TAX, AND PROVIDING FOR OTHER
  1  6    PROPERLY RELATED MATTERS.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 357E.1, subsection 2, Code 1999, is
  1 11 amended to read as follows:
  1 12    2.  "District" means a benefited recreational lake district
  1 13 or a water quality district or a combined district
  1 14 incorporated and organized pursuant to this chapter.
  1 15    Sec. 2.  Section 357E.1, Code 1999, is amended by adding
  1 16 the following new subsection:
  1 17    NEW SUBSECTION.  5.  "Water quality activities" includes,
  1 18 but is not limited to, public information dissemination,
  1 19 creation or maintenance of grass waterways or wetlands,
  1 20 dredging, bank stabilization, water treatment, water
  1 21 monitoring, watershed protection, activities on lands outside
  1 22 the district which affect water quality within the district,
  1 23 and any other activity which will improve water quality of a
  1 24 stream, river, or lake.
  1 25    Sec. 3.  Section 357E.2, Code 1999, is amended to read as
  1 26 follows:
  1 27    357E.2  INCORPORATION.
  1 28    1.  If an area of contiguous territory is situated so that
  1 29 the acquisition, construction, reconstruction, enlargement,
  1 30 improvement, equipping, maintenance, and operation of
  1 31 recreation facilities for the residents of the territory will
  1 32 be conducive to the public health, comfort, convenience, water
  1 33 quality, or welfare, the area may be incorporated as a
  1 34 benefited recreational lake district as set forth in this
  1 35 chapter.  The land to be included in a district must be
  2  1 contiguous to the recreational lake or to other residential,
  2  2 agricultural, or commercial property which is contiguous to
  2  3 the recreational lake.
  2  4    2.  If an area of contiguous territory is situated so that
  2  5 the performance of water quality activities, including the
  2  6 acquisition, construction, reconstruction, enlargement,
  2  7 improvement, equipping, maintenance, and operation of water
  2  8 quality facilities for the residents of the district will be
  2  9 conducive to the public health, comfort, convenience, water
  2 10 quality, or welfare, the area may be incorporated as a water
  2 11 quality district as provided in this chapter.  The land to be
  2 12 included in a district must be contiguous to a stream, river,
  2 13 or lake, or to other property which, except for a public road
  2 14 or other public land, is contiguous to a stream, river, or
  2 15 lake.  However, a water quality district shall not be
  2 16 established on open ditches or streams maintained by drainage
  2 17 districts or on streams or rivers where levees are maintained
  2 18 by levee or drainage districts.  If a reach of a stream or
  2 19 river in a water quality district later becomes a drainage
  2 20 district facility or becomes levied by a drainage or levee
  2 21 district, the stream or river reach shall be removed from the
  2 22 jurisdiction of the water quality district and the adjacent
  2 23 parcels shall be removed from the water quality district.
  2 24    3.  If an area of contiguous territory is situated so that
  2 25 the specifications of subsections 1 and 2 are met, the area
  2 26 may be incorporated as a combined recreational facility and
  2 27 water quality district as provided in this chapter.  If the
  2 28 trustees of a benefited recreational lake district wish to
  2 29 form a combined district or the trustees of a water quality
  2 30 district wish to form a combined district, the trustees may
  2 31 join with the petition required by section 357E.3 to the board
  2 32 of supervisors to proceed with the establishment of a combined
  2 33 district after following the same procedures as provided in
  2 34 this chapter for establishing a separate district.
  2 35    Sec. 4.  Section 357E.3, subsection 1, unnumbered paragraph
  3  1 1, Code 1999, is amended to read as follows:
  3  2    The supervisors shall, on the petition of twenty-five
  3  3 percent of the property owners of a proposed benefited
  3  4 recreational lake district if the assessed valuation of the
  3  5 property owned by the petitioners represents at least twenty-
  3  6 five percent of the total assessed value of the proposed
  3  7 district, hold a public hearing concerning the establishment
  3  8 of a proposed district.  However, for a proposed water quality
  3  9 district, the petition shall contain signatures of the fewer
  3 10 of twenty-five property owners or twenty-five percent of the
  3 11 property owners of the proposed district.  The petition shall
  3 12 include a statement containing the following information:
  3 13    Sec. 5.  Section 357E.8, Code 1999, is amended to read as
  3 14 follows:
  3 15    357E.8  ELECTION ON PROPOSED LEVY AND CANDIDATES FOR
  3 16 TRUSTEES.
  3 17    When a preliminary plat has been approved by the board, an
  3 18 election shall be held within the district within sixty days
  3 19 to approve or disapprove the levy of a tax of not more than
  3 20 four dollars per thousand dollars of assessed value on all the
  3 21 taxable property within the benefited recreational lake
  3 22 district except property assessed as agricultural land, and to
  3 23 choose candidates for the offices of trustees of the district.
  3 24 However, for a water quality district, the tax levy shall not
  3 25 exceed twenty-five cents per thousand dollars of assessed
  3 26 value on all taxable property within the district and must be
  3 27 renewed by a similar election every eight years.  The tax levy
  3 28 for a combined district shall not exceed four dollars per
  3 29 thousand dollars of assessed value on all of the taxable
  3 30 property within the district.  A tax levy approved for the
  3 31 purposes of this chapter shall not be levied on property
  3 32 assessed as agricultural land.  Notice of the election,
  3 33 including the time and place of holding the election, shall be
  3 34 given as provided in section 357E.4.  The vote shall be by
  3 35 ballot which shall state clearly the proposition to be voted
  4  1 upon, and any registered voter residing within the district at
  4  2 the time of the election may vote.  It is not mandatory for
  4  3 the county commissioner of elections to conduct elections held
  4  4 pursuant to this chapter, but the elections shall be conducted
  4  5 in accordance with chapter 49 when not in conflict with this
  4  6 chapter.  Judges shall be appointed by the board from among
  4  7 the registered voters of the district to be in charge of the
  4  8 election.  The judges are not entitled to receive pay.  The
  4  9 proposition is approved if a majority of those voting on the
  4 10 proposition vote in favor of it.  
  4 11 
  4 12 
  4 13                                                             
  4 14                               MARY E. KRAMER
  4 15                               President of the Senate
  4 16 
  4 17 
  4 18                                                             
  4 19                               BRENT SIEGRIST
  4 20                               Speaker of the House
  4 21 
  4 22    I hereby certify that this bill originated in the Senate and
  4 23 is known as Senate File 2438, Seventy-eighth General Assembly.
  4 24 
  4 25 
  4 26                                                             
  4 27                               MICHAEL E. MARSHALL
  4 28                               Secretary of the Senate
  4 29 Approved                , 2000
  4 30 
  4 31 
  4 32                                
  4 33 THOMAS J. VILSACK
  4 34 Governor
     

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