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House File 2146 - IntroducedA Bill ForAn Act 1relating to levee and drainage districts, by increasing
2the threshold of the estimated cost of a repair or
3improvement before a hearing is required to be conducted.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.126, subsection 1, paragraph c, Code
22020, is amended to read as follows:
3c. If the estimated cost of the repair does not exceed fifty
4 one hundred thousand dollars or the adjusted competitive bid
5threshold, whichever is less, the board may order the work done
6without conducting a hearing on the matter. Otherwise, the
7board shall set a date for a hearing and provide notice of the
8hearing to landowners in the district by publication in the
9same manner as provided in section 468.15. However, if the
10estimated cost of the repair exceeds the adjusted competitive
11bid threshold, the board shall provide notice to the landowners
12pursuant to sections 468.14 through 468.18. The board shall
13not divide a proposed repair into separate programs in order to
14avoid the notice and hearing requirements of this paragraph.
15 Sec. 2. section 468.126 subsection 4, paragraph c,
16unnumbered paragraph 1, Code 2020, is amended to read as
17follows:
18If the estimated cost of the improvement does not exceed
19fifty one hundred thousand dollars or the adjusted competitive
20bid threshold, whichever is less, the board may order the work
21done without conducting a hearing on the matter. Otherwise,
22the board shall set a date for a hearing on whether to
23construct the proposed improvement and whether there shall be
24a reclassification of benefits for the cost of the proposed
25improvement.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29BILL’S PROVISIONS. This bill amends provisions in Code
30section 468.126 that authorize a governing board of a drainage
31or levee district (e.g., a county board of supervisors) to
32order a repair (to restore or maintain its capacity) or an
33improvement (to expand, enlarge, or otherwise increase its
34capacity) without conducting a hearing on the matter. The
35amount required for the board to so act is increased from
-1-1$50,000 to $100,000 or the adjusted competitive bid threshold,
2whichever is less.
3ADJUSTED COMPETITIVE THRESHOLD. In lieu of a statutory
4dollar amount used to determine whether bids are required
5to be let under Code chapter 468, the amount may be set by
6the vertical infrastructure bid threshold subcommittee for
7public improvements established within the department of
8transportation. The subcommittee sets different amounts for
9cities and counties (Code sections 314.1B and 468.3). The
10threshold for drainage districts is the same as for counties.
11The latest threshold for counties for vertical infrastructure
12is $139,000.
-2-da/ns
2the threshold of the estimated cost of a repair or
3improvement before a hearing is required to be conducted.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.126, subsection 1, paragraph c, Code
22020, is amended to read as follows:
3c. If the estimated cost of the repair does not exceed fifty
4 one hundred thousand dollars or the adjusted competitive bid
5threshold, whichever is less, the board may order the work done
6without conducting a hearing on the matter. Otherwise, the
7board shall set a date for a hearing and provide notice of the
8hearing to landowners in the district by publication in the
9same manner as provided in section 468.15. However, if the
10estimated cost of the repair exceeds the adjusted competitive
11bid threshold, the board shall provide notice to the landowners
12pursuant to sections 468.14 through 468.18. The board shall
13not divide a proposed repair into separate programs in order to
14avoid the notice and hearing requirements of this paragraph.
15 Sec. 2. section 468.126 subsection 4, paragraph c,
16unnumbered paragraph 1, Code 2020, is amended to read as
17follows:
18If the estimated cost of the improvement does not exceed
19fifty one hundred thousand dollars or the adjusted competitive
20bid threshold, whichever is less, the board may order the work
21done without conducting a hearing on the matter. Otherwise,
22the board shall set a date for a hearing on whether to
23construct the proposed improvement and whether there shall be
24a reclassification of benefits for the cost of the proposed
25improvement.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29BILL’S PROVISIONS. This bill amends provisions in Code
30section 468.126 that authorize a governing board of a drainage
31or levee district (e.g., a county board of supervisors) to
32order a repair (to restore or maintain its capacity) or an
33improvement (to expand, enlarge, or otherwise increase its
34capacity) without conducting a hearing on the matter. The
35amount required for the board to so act is increased from
-1-1$50,000 to $100,000 or the adjusted competitive bid threshold,
2whichever is less.
3ADJUSTED COMPETITIVE THRESHOLD. In lieu of a statutory
4dollar amount used to determine whether bids are required
5to be let under Code chapter 468, the amount may be set by
6the vertical infrastructure bid threshold subcommittee for
7public improvements established within the department of
8transportation. The subcommittee sets different amounts for
9cities and counties (Code sections 314.1B and 468.3). The
10threshold for drainage districts is the same as for counties.
11The latest threshold for counties for vertical infrastructure
12is $139,000.
-2-da/ns