House File 2210 - Introduced HOUSE FILE 2210 BY MAXWELL A BILL FOR An Act relating to pumping stations that are part of drainage 1 or levee districts, by providing procedures for the 2 establishment of such stations and the annexation of land 3 contiguous to the district. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5820YH (6) 87 da/rn

H.F. 2210 Section 1. Section 468.356, Code 2018, is amended to read 1 as follows: 2 468.356 Petition —— procedure —— emergency pumping station. 3 1. Such A pumping station shall not be established or 4 maintained unless a petition therefor shall be presented to 5 the board signed by not less than one-third of the one or more 6 owners of lands benefited thereby. If a petition is received, 7 the board shall proceed in the same manner as provided for the 8 establishment of a drainage or levee district under subchapter 9 I, part 1. The lands benefited by such pumping station shall 10 be determined by the board on said petition and report of 11 the engineer, and such other evidence as it may hear. No 12 additional The petition shall be subject to remonstrance in the 13 same manner as provided in section 468.28. Additional land 14 shall may be taken annexed into any such drainage district , 15 after the improvements therein have been substantially 16 completed, unless one-third of the owners of the land proposed 17 to be annexed have petitioned therefor or consented in writing 18 thereto as provided in section 468.119 with or without a 19 petition from the owners of the proposed annexed land . 20 2. However, the The board of supervisors may install a 21 temporary portable pumping station to remove flood waters in an 22 emergency. The board of supervisors shall levy and collect the 23 cost of the purchase, operation and maintenance of the pumping 24 station from the lands in the district benefited by the pumping 25 station in the same manner as provided for in the construction 26 and maintenance of a drainage or levee district. For the 27 purpose of this paragraph an emergency occurs when ponded or 28 standing water does not freely flow to the outlet ditch and the 29 capacity of the outlet ditch is not fully used. 30 Sec. 2. Section 468.357, Code 2018, is amended to read as 31 follows: 32 468.357 Additional pumping station —— pumping plants —— 33 improvements . 34 1. After the establishment of a drainage district or 35 -1- LSB 5820YH (6) 87 da/rn 1/ 4

H.F. 2210 levee , including a pumping plant, and before the completion of 1 the improvement therein, the board or boards may, if deemed 2 necessary to fully accomplish the purposes of said improvement, 3 by resolution authorize the establishment and maintenance of 4 such additional pumping station or stations as the engineer may 5 recommend , and if . 6 2. If a petition is filed by one-third one or more of the 7 owners of land within such district asking the establishment of 8 such pumping plant or plants, the board or boards must shall 9 direct the engineer to investigate the advisability of the 10 establishment thereof and upon the report of said engineer the 11 board or boards shall determine whether such additional pumping 12 plant or plants shall be established. 13 3. The board shall provide for the repair and maintenance 14 of a pumping plant or pumping plants in the same manner as any 15 other improvement under section 468.126. 16 4. a. The board may proceed with any improvement in the 17 same manner as provided in section 468.126. 18 b. For the purpose of paragraph “a” , “improvement” includes 19 the construction, reconstruction, enlargement, and relocation 20 of levees and acquisition of rights-of-way therefor. 21 Sec. 3. Section 468.359, Code 2018, is amended to read as 22 follows: 23 468.359 Costs —— pumping plants . 24 1. The cost of the establishment of such additional pumping 25 plant or plants shall be paid in the same manner and upon 26 the same basis as is provided for the cost of the original 27 improvement. 28 2. The board of supervisors or the board of trustees, as the 29 case may be, where the district has been established and the 30 original improvement constructed, may proceed with the further 31 improvement of the original project in the manner provided 32 in section 468.126 , provided, however, that the cost of such 33 further improvement does not exceed twenty-five percent of 34 the sum of the original cost to the district and the cost of 35 -2- LSB 5820YH (6) 87 da/rn 2/ 4

H.F. 2210 subsequent improvements, including all federal contributions. 1 3. For the purpose of this section the word “improvement” 2 shall include the construction, reconstruction, enlargement and 3 relocation of levees and acquisition of rights-of-way therefor. 4 Sec. 4. Section 468.360, Code 2018, is amended to read as 5 follows: 6 468.360 Dividing districts. 7 When a drainage or levee district has been created and 8 more than one pumping plant is established therein, the board 9 or boards of supervisors may, and upon petition of one-third 10 one or more of the owners of land within said district shall, 11 appoint an engineer to investigate the advisability of dividing 12 said district into two or more districts so as to include at 13 least one pumping plant in each of such districts. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 BILL’S PROVISIONS. This bill amends provisions in Code 18 chapter 468 which authorize a board of supervisors (board) to 19 establish and maintain a pumping station (station) that is part 20 of a drainage or levee district (district) in order to provide 21 an outlet for affected property (Code chapter 468, subchapter 22 II, part 5). The bill provides that a board must proceed to 23 establish a station or divide a station when it receives a 24 petition by one or more owners of land to be benefited by the 25 station. The board provides for its establishment in the same 26 manner as if it were establishing the original district. The 27 petition is subject to remonstrance and land contiguous to 28 the district may be annexed. The bill provides that a board 29 provide for the repair and maintenance of a pumping plant 30 in the same manner as other improvements. It eliminates a 31 provision that limits the cost of repairs to 25 percent of the 32 improvement’s original cost. 33 BACKGROUND. Under current law, a board cannot establish a 34 pumping station or divide a pumping station unless it receives 35 -3- LSB 5820YH (6) 87 da/rn 3/ 4

H.F. 2210 a petition from at least one-third of the benefited property 1 owners in that district. The board is authorized to annex 2 additional land after the completion of any improvements unless 3 one-third of the owners of the proposed land to be annexed 4 objects. 5 Code section 468.126 governs procedures for letting out 6 work involving repairs to an improvement. If the estimated 7 cost does not exceed $50,000, the board may order the work 8 done without conducting a hearing on the matter. Otherwise, 9 the board must set a date for a hearing and provide notice 10 of the hearing to landowners in the district by publication. 11 If the estimated cost of the repair exceeds an adjusted 12 competitive bid threshold established by the state department 13 of transportation (Code section 314.1B), the board must provide 14 notice to the landowners in the same manner as when a district 15 is established, including by publication, certified mail, or 16 personal service (Code sections 468.14 through 468.18). 17 -4- LSB 5820YH (6) 87 da/rn 4/ 4