Senate File 2352 - IntroducedA Bill ForAn Act 1relating to drainage and levee districts, by providing
2for repairs that require a report by an engineer or soil and
3water conservation district conservationist.
1   Section 1.  Section 468.126, subsection 1, paragraph d, Code
22020, is amended to read as follows:
   3d.  If a hearing is required under Notwithstanding paragraph
4“c” “b”if the estimated cost of the repair exceeds fifty
5thousand dollars or the adjusted competitive bid threshold,
6whichever is more,
the board shall order an engineer’s report
7or a report from the soil and water conservation district
8conservationist regarding the matter to which shall be
9presented at the hearing provided in paragraph “c”. The board
10may waive the report requirement if a prior report on the
11repair exists and that report is less than ten years old. At
12the hearing, the board shall hear objections to the feasibility
13of making the proposed repair.
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
   17This bill amends Code section 468.126 by providing for
18required reports on repairs made to a drainage or levee
19district (district) as ordered by a board managing the district
20(board). The bill requires a board to order a report from
21a civil or drainage engineer or soil and water conservation
22district conservationist regarding a proposed repair if
23the repair’s estimated cost exceeds $50,000 or the adjusted
24competitive bid threshold, whichever is more. The report must
25be presented at the hearing of landowners.
   26BACKGROUND. Generally, there are two types of projects
27authorized under Code section 468.126, a repair which refers
28to restoring a facility to its original design or efficiency
29and an improvement which enhances or enlarges the district’s
30facility. A board determines whether to conduct a hearing
31of landowners regarding a repair or improvement based on the
32project’s estimated cost as provided in the report. A hearing
33is required if the estimated cost of the repair or improvement
34exceeds $50,000. In that case, the report is presented at
35the hearing. There are several types of boards that may have
-1-1jurisdiction to decide whether or not to order a repair or
2improvement, including a board of supervisors, a joint board of
3supervisors, or an elected board of trustees.