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
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