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Senate File 353 - IntroducedA Bill ForAn Act 1relating to drainage and levee districts, by providing
2for notice of hearing on reports of commissioners and for
3repairs that require a report by an engineer or soil and
4water conservation district conservationist.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.45, Code 2021, is amended to read as
2follows:
3468.45 Notice of hearing.
41. The board shall fix a time for a hearing upon the report
5of the commissioners, and the auditor shall cause notice to be
6served upon each person whose name appears as owner, naming the
7person, and also upon the person or persons in actual occupancy
8of any tract of land without naming the person or persons, of
9the day and hour of such hearing, which.
102. Thenotice shall be for the same time and served in the
11same manner as is provided for the establishment of a levee
12or drainage or levee district, and including as provided in
13sections 468.14 through 468.18, and shall state include all of
14 the following:
15a. A statement of theamount of the assessment of costs and
16expenses of construction apportioned to each owner upon each
17forty-acre tract or less, and that. However, the statement is
18not required to be published as required in section 468.15 if
19it is posted in the office of the county auditor and on the
20county’s internet site. The county auditor shall provide a
21copy of the statement upon request.
22b. A statement thatall objections thereto to the report
23 must be in writing and filed with the auditor at or before the
24time set for such the hearing.
25 Sec. 2. Section 468.126, subsection 1, paragraph d, Code
262021, is amended to read as follows:
27d. If a hearing is required under Notwithstanding paragraph
28“c” “b”, if the estimated cost of the repair exceeds fifty
29thousand dollars or the adjusted competitive bid threshold,
30whichever is more, the board shall order an engineer’s report
31or a report from the soil and water conservation district
32conservationist regarding the matter to which shall be
33presented at the hearing provided in paragraph “c”. The board
34may waive the report requirement if a prior report on the
35repair exists and that report is less than ten years old. At
-1-1the hearing, the board shall hear objections to the feasibility
2of making the proposed repair.
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 section 468.45 requiring a county
7board of supervisors, joint boards of supervisors, or board
8of trustees (board) to provide notice of a hearing regarding
9a report to classify tracts of land within a drainage or
10levee district (district) as established or proposed to
11be established by the board. The notice is required to be
12delivered to each owner of land within the district and also by
13publication in a newspaper of general circulation in the county
14where the district is located. The bill provides that the
15newspaper publication is not required to include a statement
16listing the amount of the assessment of costs and expenses of
17construction of improvements as apportioned to each owner if
18it is posted in the office of the county auditor and on the
19county’s internet site. The county auditor must provide a copy
20of the statement upon request.
21The bill amends Code section 468.126 by providing for
22required reports on repairs made to a district as ordered by
23a board managing the district. The bill requires a board
24to order a report from a civil or drainage engineer or soil
25and water conservation district conservationist regarding a
26proposed repair if the repair’s estimated cost exceeds $50,000
27or the adjusted competitive bid threshold, whichever is more.
28The report must be presented at the hearing of landowners.
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2for notice of hearing on reports of commissioners and for
3repairs that require a report by an engineer or soil and
4water conservation district conservationist.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.45, Code 2021, is amended to read as
2follows:
3468.45 Notice of hearing.
41. The board shall fix a time for a hearing upon the report
5of the commissioners, and the auditor shall cause notice to be
6served upon each person whose name appears as owner, naming the
7person, and also upon the person or persons in actual occupancy
8of any tract of land without naming the person or persons, of
9the day and hour of such hearing, which.
102. Thenotice shall be for the same time and served in the
11same manner as is provided for the establishment of a levee
12or drainage or levee district, and including as provided in
13sections 468.14 through 468.18, and shall state include all of
14 the following:
15a. A statement of theamount of the assessment of costs and
16expenses of construction apportioned to each owner upon each
17forty-acre tract or less, and that. However, the statement is
18not required to be published as required in section 468.15 if
19it is posted in the office of the county auditor and on the
20county’s internet site. The county auditor shall provide a
21copy of the statement upon request.
22b. A statement thatall objections thereto to the report
23 must be in writing and filed with the auditor at or before the
24time set for such the hearing.
25 Sec. 2. Section 468.126, subsection 1, paragraph d, Code
262021, is amended to read as follows:
27d. If a hearing is required under Notwithstanding paragraph
28“c” “b”, if the estimated cost of the repair exceeds fifty
29thousand dollars or the adjusted competitive bid threshold,
30whichever is more, the board shall order an engineer’s report
31or a report from the soil and water conservation district
32conservationist regarding the matter to which shall be
33presented at the hearing provided in paragraph “c”. The board
34may waive the report requirement if a prior report on the
35repair exists and that report is less than ten years old. At
-1-1the hearing, the board shall hear objections to the feasibility
2of making the proposed repair.
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 section 468.45 requiring a county
7board of supervisors, joint boards of supervisors, or board
8of trustees (board) to provide notice of a hearing regarding
9a report to classify tracts of land within a drainage or
10levee district (district) as established or proposed to
11be established by the board. The notice is required to be
12delivered to each owner of land within the district and also by
13publication in a newspaper of general circulation in the county
14where the district is located. The bill provides that the
15newspaper publication is not required to include a statement
16listing the amount of the assessment of costs and expenses of
17construction of improvements as apportioned to each owner if
18it is posted in the office of the county auditor and on the
19county’s internet site. The county auditor must provide a copy
20of the statement upon request.
21The bill amends Code section 468.126 by providing for
22required reports on repairs made to a district as ordered by
23a board managing the district. The bill requires a board
24to order a report from a civil or drainage engineer or soil
25and water conservation district conservationist regarding a
26proposed repair if the repair’s estimated cost exceeds $50,000
27or the adjusted competitive bid threshold, whichever is more.
28The report must be presented at the hearing of landowners.
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