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