House Study Bill 723 HOUSE FILE BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON DRAKE) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to drainage and levee districts by providing for 2 the publication of notice and the letting of bids. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6504HC 81 5 da/gg/14 PAG LIN 1 1 Section 1. Section 468.34, Code 2005, 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 certified check on and certified by a bank in Iowa, or a 1 16 certified share draft from a credit union in Iowa payable to 1 17 the auditor or the auditor's order, at the auditor's office, 1 18 in an amount equal to ten percent of the bid, in no case to 1 19 exceed ten thousand dollars.If the estimated cost of the 1 20 improvement exceeds fifteen thousand dollars, the board may 1 21 make additional publication for two consecutive weeks in a 1 22 contractors' journal of general circulation, giving only the 1 23 type of proposed construction or repairs, estimated amount, 1 24 date of letting, amount of bidder's bond, and name and address 1 25 of the county auditor.All notices shall fix the date to 1 26 which bids will be received and upon which the work will be 1 27 let. However, when the estimated cost of the improvement is 1 28 less thantenfifteen thousand dollars, the board may let the 1 29 contract for the construction without taking bids and without 1 30 publishing notice. 1 31 Sec. 2. Section 468.66, Code 2005, is amended to read as 1 32 follows: 1 33 468.66 BIDS REQUIRED. 1 34 In case the board shall finally determine that any such 1 35 changes as defined in section 468.62 shall be made involving 2 1 an expenditure oftenfifteen thousand dollars or more, the 2 2 work shall be let by bids in the same manner as is provided 2 3 for the original construction of such improvements. 2 4 EXPLANATION 2 5 This bill amends Code chapter 468 which authorizes a 2 6 governing board, usually a county board of supervisors and 2 7 sometimes a joint board of supervisors or a board of trustees, 2 8 to establish and administer a drainage district or districts, 2 9 and to locate and establish levees. This includes the 2 10 authority to maintain a levee, ditch, drain, watercourse, or 2 11 settling basin, and to modify natural watercourses within its 2 12 jurisdiction. The cost of establishing and maintaining a 2 13 district is borne by the owners of land within the district 2 14 who are responsible for paying an assessment. 2 15 The bill amends Code section 468.34, which provides that 2 16 before an improvement is made, the board must publish a notice 2 17 in the county where the improvement is to be located. The 2 18 notice must provide information regarding the scope of the 2 19 work required to make the improvement and call for bids. 2 20 Further notice requirements are established based on the 2 21 estimated cost of the improvements. 2 22 The Code section provides that if the estimated cost 2 23 exceeds $15,000, the board may publish a notice in a 2 24 contractor's journal of general circulation. The bill 2 25 eliminates the language relating to the secondary publication. 2 26 The Code section also provides that when the estimated cost 2 27 of the improvement is less than $10,000, the board may let the 2 28 contract to a contractor to make the improvement without 2 29 publishing notice or taking bids. The bill increases that 2 30 amount to $15,000. 2 31 Code section 468.62 allows a board to let contracts to 2 32 contractors for purposes of making improvements after there 2 33 has been a change of conditions to a plan of improvement 2 34 required when a district is created in cooperation with the 2 35 United States government (see Code section 468.201). Code 3 1 section 468.66 requires that bids be let in the same manner as 3 2 provided for the original construction, unless the estimated 3 3 cost is less than $10,000. The bill also increases that 3 4 amount to $15,000. 3 5 LSB 6504HC 81 3 6 da:nh/gg/14