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 than ten fifteen 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 of ten fifteen 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