Bill Text: IA HF152 | 2013-2014 | 85th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to drainage or levee districts by providing for agreements with owners of land located within districts, providing for the management of districts by a board of trustees, and including effective date provisions. (Formerly HSB 49) Effective 5-1-13.

Spectrum: Committee Bill

Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [HF152 Detail]

Download: Iowa-2013-HF152-Enrolled.html

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House File 152
AN ACT
RELATING TO DRAINAGE OR LEVEE DISTRICTS BY PROVIDING FOR
AGREEMENTS WITH OWNERS OF LAND LOCATED WITHIN DISTRICTS,
PROVIDING FOR THE MANAGEMENT OF DISTRICTS BY A BOARD OF
TRUSTEES, AND INCLUDING EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 468.187, Code 2013, is amended to read
as follows:
468.187 Agreements with outside owners or other districts.
1. Levee and drainage districts are empowered to enter into
agreements with the owners of lands lying inside or outside of
said districts, or with other levee and drainage districts or
municipalities, to provide levee protection or drainage for
such lands on such terms as the board may agree and subject to
the following terms and conditions:
1. a. The facilities of the district furnishing the service
shall not be overburdened.
2. b. There shall be no additional cost to the district
furnishing the service.
3. c. The agreement shall be in writing, be made a part of
the drainage records and shall include all of the following:
a. (1) The description of the lands to be served ; .

House File 152, p. 2
b. (2) The location of tile lines constructed or to be
constructed ; .
c. (3) The consideration to be paid to the district
furnishing the service and the classification of the lands to
be served ; and .
d. (4) Such other provisions as the board deems necessary.
2. The provisions in an agreement described in subsection
1 modify other provisions of this chapter applicable to such
lands.
Sec. 2. Section 468.500, Code 2013, is amended to read as
follows:
468.500 Trustees authorized.
1. a. In the manner provided in this subchapter , any
drainage or levee district in which the original construction
has been completed and paid for by bond issue or otherwise,
may be placed under the control and management of a board of
three trustees to be elected by the persons owning land in the
district that has been assessed for benefits.
b. A drainage or levee district under the control of a city
council as provided in subchapter II , part 3, may be placed
under the control and management of a board of trustees by
the city council following the procedures provided in this
subchapter part 2 for the county board of supervisors.
2. An overlying drainage or levee district that controls and
manages improvements and rights-of-way surrendered by a board
of supervisors or board of trustees of a contained district,
in accordance with sections 468.256 through 468.259, shall
continue to be controlled and managed by a board of trustees
as provided in part 3.
Sec. 3. NEW SECTION . 468.538 Scope.
This part applies when the board of trustees of an overlying
district accepts all improvements and rights-of-way surrendered
by a board of supervisors or board of trustees of a contained
district, in accordance with sections 468.256 through 468.259.
In addition, after such acceptance, the overlying district must
include at least thirty-five thousand acres with a pumping
station, regardless of whether the drainage or levee district
is located in more than one county. Such a district shall
continue to be controlled and managed by a board of trustees
elected as provided in this part.
Sec. 4. NEW SECTION . 468.539 Qualified application.
Part 2 of this subchapter shall also apply to this part,
except as follows:

House File 152, p. 3
1. The trustees of the overlying district serving on the
board at the time of acceptance as described in section 468.538
shall be considered initially elected as the trustees of the
drainage or levee district as provided in sections 468.502,
468.503, and 468.521.
2. a. The board of trustees described in subsection 1 shall
do all of the following:
(1) Establish the overlying district as a new drainage
or levee district, which must include all improvements and
rights-of-way surrendered by a board of supervisors or board of
trustees of the contained district.
(2) Divide the new drainage or levee district into three
election districts in the same manner as a board of supervisors
acting pursuant to sections 468.504 and 468.505.
b. The petition described in section 468.501 is not required
to be filed or considered under this subsection.
3. Each of the three persons elected as trustee to serve
on a new drainage or levee district established pursuant to an
election held by the board of trustees described in subsection
1 shall hold office for a staggered term as provided in section
468.518. A person elected as a trustee of the new drainage
or levee district shall be elected from a specified election
district, unless the person is elected at large as provided in
subsection 4.
4. The board of trustees described in subsection 1 or a
subsequent board of trustees of the new drainage or levee
district may provide for the election of two additional
persons to serve as trustees. The two additional persons shall
be elected at large by all qualified voters for the entire
drainage or levee district. Of the five persons elected as
trustees of the new drainage or levee district, not more than
two persons shall be elected from the same specified election
district. One person’s initial term shall be for one year and
the second person’s initial term shall be for two years in the
same manner as provided in section 468.518.
5. Votes shall be determined as provided pursuant to either
section 468.510 or 468.511 in the same manner as was determined
for the overlying district.
Sec. 5. DIVISION OF CHAPTER 468, SUBCHAPTER III. The Code
editor shall codify section 468.500, as amended by this Act, as
part 1 of chapter 468, subchapter III; sections 468.501 through
468.537 as part 2 of chapter 468, subchapter III; and sections
468.538 and 468.539 as part 3 of chapter 468, subchapter III.

House File 152, p. 4
Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
immediate importance, takes effect upon enactment.
______________________________
KRAIG PAULSEN
Speaker of the House
______________________________
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 152, Eighty-fifth General Assembly.
______________________________
CARMINE BOAL
Chief Clerk of the House
Approved _______________, 2013
______________________________
TERRY E. BRANSTAD
Governor