Text: SF02437 Text: SF02439 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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
Text: SF02437 Text: SF02439 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Mon Aug 28 13:36:55 CDT 2000
URL: /DOCS/GA/78GA/Legislation/SF/02400/SF02438/000425.html
jhf