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Senate File 2203 - IntroducedA Bill ForAn Act 1relating to the management of drainage or levee
2districts, by providing for making repairs or constructing
3improvements within a district.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.126, subsection 1, paragraphs b, c,
2and d, Code 2020, are amended to read as follows:
3b. (1) The board may at any time obtain shall not
4order an engineer’s report be prepared and submitted to the
5board regarding a repair, unless the board makes an initial
6determination of the repair’s estimated cost. The board may
7adjust its initial determination at any time.
8(a) The board shall order the report based on an estimated
9cost that exceeds three hundred fifty thousand dollars.
10(b) The board may order the report based on an estimated
11cost that exceeds two hundred fifty thousand dollars but does
12not exceed three hundred fifty thousand dollars.
13(c) The board shall not order the report based on an
14estimated cost that does not exceed two hundred fifty thousand
15dollars.
16(2) Notwithstanding subparagraph (1), the board may order
17the report prepared by a soil and water conservation district
18conservationist in lieu of an engineer.
19(3) If a report is ordered, it shall describethe most
20feasible means of repairing a drainage or levee improvement
21and the probable cost of making the repair. If the engineer
22advises, or the board otherwise concludes that permanent
23restoration of a damaged structure is not feasible at the
24time, the board may order temporary construction it deems
25necessary to the continued functioning of the improvement. If
26in maintaining and repairing tile lines the board finds from
27an engineer’s report it is more economical to construct a new
28line than to repair the existing line, the new line may be
29considered to be a repair.
30c. (1) If the estimated cost of the repair does not exceed
31 The board shall hold a hearing regarding a repair, if the
32estimated cost of the repair exceeds fifty thousand dollars,.
33The estimated cost of the repair shall be based on the board’s
34last determination, unless a report is ordered pursuant to
35paragraph “b”. In that case, the estimated cost shall be based
-1-1on the estimate in the report. If the estimated cost of the
2repair does not exceed fifty thousand dollars, the board may
3order the work done without conducting a hearing on the matter.
4Otherwise, the
5(2) Theboard shall set a date and time for a hearing and
6provide notice of the hearing to landowners in the district by
7publication in the same manner as provided in section 468.15.
8However, if the estimated cost of the repair exceeds the
9adjusted competitive bid threshold, the board shall provide
10notice to the landowners pursuant to sections 468.14 through
11468.18. The board shall not divide a proposed repair into
12separate programs in order to avoid the notice and hearing
13requirements of this paragraph.
14d. If a hearing is required under paragraph “c”, the board
15shall order an engineer’s report or a report from the soil
16and water conservation district conservationist regarding the
17matter to be presented at the hearing. The board may waive the
18report requirement if a prior report on the repair exists and
19that report is less than ten years old. At the hearing, the
20board shall hear objections to the feasibility of making the
21proposed repair.
22 Sec. 2. Section 468.126, subsection 4, paragraphs b and c,
23Code 2020, are amended to read as follows:
24b. (1) When the The board shall not order an improvement
25be constructed unless the board determines that an improvement
26is necessary or desirable, and feasible, the. The board shall
27not order an engineer’s report be prepared and submitted to
28the board regarding an improvement, unless the board makes an
29initial determination of the improvement’s estimated cost. The
30board may adjust its initial determination at any time.
31(a) The board shall order the report based on an estimated
32cost that exceeds three hundred fifty thousand dollars.
33(b) The board may order the report based on an estimated
34cost that exceeds two hundred fifty thousand dollars but does
35not exceed three hundred fifty thousand dollars.
-2- 1(c) The board shall not order a report based on an estimated
2cost that does not exceed two hundred fifty thousand dollars.
3(2) If the board orders a report, it shallappoint an
4engineer to make surveys as seem appropriate to determine the
5nature and extent of the improvement, and to file a report
6showing what improvement is recommended and its estimated cost,
7which report may be amended before final action.
8c. If the estimated cost of the improvement does not exceed
9 The board shall hold a hearing regarding an improvement, if
10the estimated cost of the improvement exceeds fifty thousand
11dollars,. The estimated cost of the improvement shall be based
12on the board’s last determination, unless a report is ordered
13pursuant to paragraph “b”. In that case, the estimated cost
14shall be based on the estimate in the report. If the estimated
15cost of the improvement does not exceed fifty thousand dollars,
16 the board may order the work done without conducting a hearing
17on the matter. Otherwise, the
18(1) Theboard shall set a date and time for a hearing on
19whether to construct the proposed improvement and whether there
20shall be a reclassification of benefits for the cost of the
21proposed improvement.
22(1) (a) The board shall provide notice to landowners in
23the district by publication in the same manner as provided
24in section 468.15. However, if the estimated cost of the
25improvement exceeds the adjusted competitive bid threshold,
26the board shall provide notice to the landowners pursuant to
27sections 468.14 through 468.18.
28(b) Notwithstanding subparagraph division (a), and in lieu
29of publishing the notice, the board may mail a copy of the
30notice to each address where a landowner within the district
31resides by first class mail if the cost of mailing is less
32than publication of the notice. The mailing shall be made
33during the time the notice would otherwise be required to be
34published.
35(2) The board shall not divide proposed improvements into
-3-1separate programs in order to avoid compliance with this
2paragraph “c”.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill amends Code chapter 468 by providing for repairs
7made and improvements constructed to a drainage or levee
8district (district) as ordered by a board managing the district
9(board). The bill provides that before ordering a report from
10a civil or drainage engineer or soil and water conservation
11district conservationist regarding a proposed repair or
12ordering a report from an engineer regarding a proposed
13improvement, the board must make a determination regarding
14its estimated cost. The board is required to order a report,
15is provided discretion to order a report, or is prohibited
16from ordering a report, based on that estimate. The board’s
17estimate is also used to determine whether to conduct a hearing
18of landowners regarding the matter.
19BACKGROUND. Generally, there are two types of projects
20authorized under Code chapter 468, a repair which refers to
21restoring a facility to its original design or efficiency
22and an improvement which enhances or enlarges the district’s
23facility. A board determines whether to conduct a hearing
24of landowners regarding a repair or improvement based on the
25project’s estimated cost as provided in the report. A hearing
26is required if the estimated cost of the repair or improvement
27exceeds $50,000. In that case, the report is presented at
28the hearing. There are several types of boards that may have
29jurisdiction to decide whether or not to order a repair or
30improvement, including a board of supervisors, a joint board of
31supervisors, or an elected board of trustees.
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2districts, by providing for making repairs or constructing
3improvements within a district.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.126, subsection 1, paragraphs b, c,
2and d, Code 2020, are amended to read as follows:
3b. (1) The board may at any time obtain shall not
4order an engineer’s report be prepared and submitted to the
5board regarding a repair, unless the board makes an initial
6determination of the repair’s estimated cost. The board may
7adjust its initial determination at any time.
8(a) The board shall order the report based on an estimated
9cost that exceeds three hundred fifty thousand dollars.
10(b) The board may order the report based on an estimated
11cost that exceeds two hundred fifty thousand dollars but does
12not exceed three hundred fifty thousand dollars.
13(c) The board shall not order the report based on an
14estimated cost that does not exceed two hundred fifty thousand
15dollars.
16(2) Notwithstanding subparagraph (1), the board may order
17the report prepared by a soil and water conservation district
18conservationist in lieu of an engineer.
19(3) If a report is ordered, it shall describethe most
20feasible means of repairing a drainage or levee improvement
21and the probable cost of making the repair. If the engineer
22advises, or the board otherwise concludes that permanent
23restoration of a damaged structure is not feasible at the
24time, the board may order temporary construction it deems
25necessary to the continued functioning of the improvement. If
26in maintaining and repairing tile lines the board finds from
27an engineer’s report it is more economical to construct a new
28line than to repair the existing line, the new line may be
29considered to be a repair.
30c. (1) If the estimated cost of the repair does not exceed
31 The board shall hold a hearing regarding a repair, if the
32estimated cost of the repair exceeds fifty thousand dollars,.
33The estimated cost of the repair shall be based on the board’s
34last determination, unless a report is ordered pursuant to
35paragraph “b”. In that case, the estimated cost shall be based
-1-1on the estimate in the report. If the estimated cost of the
2repair does not exceed fifty thousand dollars, the board may
3order the work done without conducting a hearing on the matter.
4Otherwise, the
5(2) Theboard shall set a date and time for a hearing and
6provide notice of the hearing to landowners in the district by
7publication in the same manner as provided in section 468.15.
8However, if the estimated cost of the repair exceeds the
9adjusted competitive bid threshold, the board shall provide
10notice to the landowners pursuant to sections 468.14 through
11468.18. The board shall not divide a proposed repair into
12separate programs in order to avoid the notice and hearing
13requirements of this paragraph.
14d. If a hearing is required under paragraph “c”, the board
15shall order an engineer’s report or a report from the soil
16and water conservation district conservationist regarding the
17matter to be presented at the hearing. The board may waive the
18report requirement if a prior report on the repair exists and
19that report is less than ten years old. At the hearing, the
20board shall hear objections to the feasibility of making the
21proposed repair.
22 Sec. 2. Section 468.126, subsection 4, paragraphs b and c,
23Code 2020, are amended to read as follows:
24b. (1) When the The board shall not order an improvement
25be constructed unless the board determines that an improvement
26is necessary or desirable, and feasible, the. The board shall
27not order an engineer’s report be prepared and submitted to
28the board regarding an improvement, unless the board makes an
29initial determination of the improvement’s estimated cost. The
30board may adjust its initial determination at any time.
31(a) The board shall order the report based on an estimated
32cost that exceeds three hundred fifty thousand dollars.
33(b) The board may order the report based on an estimated
34cost that exceeds two hundred fifty thousand dollars but does
35not exceed three hundred fifty thousand dollars.
-2- 1(c) The board shall not order a report based on an estimated
2cost that does not exceed two hundred fifty thousand dollars.
3(2) If the board orders a report, it shallappoint an
4engineer to make surveys as seem appropriate to determine the
5nature and extent of the improvement, and to file a report
6showing what improvement is recommended and its estimated cost,
7which report may be amended before final action.
8c. If the estimated cost of the improvement does not exceed
9 The board shall hold a hearing regarding an improvement, if
10the estimated cost of the improvement exceeds fifty thousand
11dollars,. The estimated cost of the improvement shall be based
12on the board’s last determination, unless a report is ordered
13pursuant to paragraph “b”. In that case, the estimated cost
14shall be based on the estimate in the report. If the estimated
15cost of the improvement does not exceed fifty thousand dollars,
16 the board may order the work done without conducting a hearing
17on the matter. Otherwise, the
18(1) Theboard shall set a date and time for a hearing on
19whether to construct the proposed improvement and whether there
20shall be a reclassification of benefits for the cost of the
21proposed improvement.
22(1) (a) The board shall provide notice to landowners in
23the district by publication in the same manner as provided
24in section 468.15. However, if the estimated cost of the
25improvement exceeds the adjusted competitive bid threshold,
26the board shall provide notice to the landowners pursuant to
27sections 468.14 through 468.18.
28(b) Notwithstanding subparagraph division (a), and in lieu
29of publishing the notice, the board may mail a copy of the
30notice to each address where a landowner within the district
31resides by first class mail if the cost of mailing is less
32than publication of the notice. The mailing shall be made
33during the time the notice would otherwise be required to be
34published.
35(2) The board shall not divide proposed improvements into
-3-1separate programs in order to avoid compliance with this
2paragraph “c”.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill amends Code chapter 468 by providing for repairs
7made and improvements constructed to a drainage or levee
8district (district) as ordered by a board managing the district
9(board). The bill provides that before ordering a report from
10a civil or drainage engineer or soil and water conservation
11district conservationist regarding a proposed repair or
12ordering a report from an engineer regarding a proposed
13improvement, the board must make a determination regarding
14its estimated cost. The board is required to order a report,
15is provided discretion to order a report, or is prohibited
16from ordering a report, based on that estimate. The board’s
17estimate is also used to determine whether to conduct a hearing
18of landowners regarding the matter.
19BACKGROUND. Generally, there are two types of projects
20authorized under Code chapter 468, a repair which refers to
21restoring a facility to its original design or efficiency
22and an improvement which enhances or enlarges the district’s
23facility. A board determines whether to conduct a hearing
24of landowners regarding a repair or improvement based on the
25project’s estimated cost as provided in the report. A hearing
26is required if the estimated cost of the repair or improvement
27exceeds $50,000. In that case, the report is presented at
28the hearing. There are several types of boards that may have
29jurisdiction to decide whether or not to order a repair or
30improvement, including a board of supervisors, a joint board of
31supervisors, or an elected board of trustees.
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