House
File
461
-
Introduced
HOUSE
FILE
461
BY
MAXWELL
A
BILL
FOR
An
Act
relating
to
drainage
and
levee
districts,
by
providing
1
for
notice
of
hearing
on
reports
of
commissioners
and
for
2
repairs
that
require
a
report
by
an
engineer
or
soil
and
3
water
conservation
district
conservationist.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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1907YH
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da/ns
H.F.
461
Section
1.
Section
468.45,
Code
2021,
is
amended
to
read
as
1
follows:
2
468.45
Notice
of
hearing.
3
1.
The
board
shall
fix
a
time
for
a
hearing
upon
the
report
4
of
the
commissioners,
and
the
auditor
shall
cause
notice
to
be
5
served
upon
each
person
whose
name
appears
as
owner,
naming
the
6
person,
and
also
upon
the
person
or
persons
in
actual
occupancy
7
of
any
tract
of
land
without
naming
the
person
or
persons,
of
8
the
day
and
hour
of
such
hearing
,
which
.
9
2.
The
notice
shall
be
for
the
same
time
and
served
in
the
10
same
manner
as
is
provided
for
the
establishment
of
a
levee
11
or
drainage
or
levee
district,
and
including
as
provided
in
12
sections
468.14
through
468.18,
and
shall
state
include
all
of
13
the
following:
14
a.
A
statement
of
the
amount
of
the
assessment
of
costs
and
15
expenses
of
construction
apportioned
to
each
owner
upon
each
16
forty-acre
tract
or
less
,
and
that
.
However,
the
statement
is
17
not
required
to
be
published
as
required
in
section
468.15
if
18
it
is
posted
in
the
office
of
the
county
auditor
and
on
the
19
county’s
internet
site.
The
county
auditor
shall
provide
a
20
copy
of
the
statement
upon
request.
21
b.
A
statement
that
all
objections
thereto
to
the
report
22
must
be
in
writing
and
filed
with
the
auditor
at
or
before
the
23
time
set
for
such
the
hearing.
24
Sec.
2.
Section
468.126,
subsection
1,
paragraph
d,
Code
25
2021,
is
amended
to
read
as
follows:
26
d.
If
a
hearing
is
required
under
Notwithstanding
paragraph
27
“c”
“b”
,
if
the
estimated
cost
of
the
repair
exceeds
fifty
28
thousand
dollars
or
the
adjusted
competitive
bid
threshold,
29
whichever
is
more,
the
board
shall
order
an
engineer’s
report
30
or
a
report
from
the
soil
and
water
conservation
district
31
conservationist
regarding
the
matter
to
which
shall
be
32
presented
at
the
hearing
provided
in
paragraph
“c”
.
The
board
33
may
waive
the
report
requirement
if
a
prior
report
on
the
34
repair
exists
and
that
report
is
less
than
ten
years
old.
At
35
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461
the
hearing,
the
board
shall
hear
objections
to
the
feasibility
1
of
making
the
proposed
repair.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
amends
Code
section
468.45
requiring
a
county
6
board
of
supervisors,
joint
boards
of
supervisors,
or
board
7
of
trustees
(board)
to
provide
notice
of
a
hearing
regarding
8
a
report
to
classify
tracts
of
land
within
a
drainage
or
9
levee
district
(district)
as
established
or
proposed
to
10
be
established
by
the
board.
The
notice
is
required
to
be
11
delivered
to
each
owner
of
land
within
the
district
and
also
by
12
publication
in
a
newspaper
of
general
circulation
in
the
county
13
where
the
district
is
located.
The
bill
provides
that
the
14
newspaper
publication
is
not
required
to
include
a
statement
15
listing
the
amount
of
the
assessment
of
costs
and
expenses
of
16
construction
of
improvements
as
apportioned
to
each
owner
if
17
it
is
posted
in
the
office
of
the
county
auditor
and
on
the
18
county’s
internet
site.
The
county
auditor
must
provide
a
copy
19
of
the
statement
upon
request.
20
The
bill
amends
Code
section
468.126
by
providing
for
21
required
reports
on
repairs
made
to
a
district
as
ordered
by
22
a
board
managing
the
district.
The
bill
requires
a
board
23
to
order
a
report
from
a
civil
or
drainage
engineer
or
soil
24
and
water
conservation
district
conservationist
regarding
a
25
proposed
repair
if
the
repair’s
estimated
cost
exceeds
$50,000
26
or
the
adjusted
competitive
bid
threshold,
whichever
is
more.
27
The
report
must
be
presented
at
the
hearing
of
landowners.
28
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