Bill Text: IA SF2151 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the establishment, repair, and improvement of drainage and levee districts, including by requiring proof of professional liability insurance by civil engineers and providing for rights of landowners.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-08 - Subcommittee recommends indefinite postponement. []. [SF2151 Detail]
Download: Iowa-2023-SF2151-Introduced.html
Senate
File
2151
-
Introduced
SENATE
FILE
2151
BY
GUTH
A
BILL
FOR
An
Act
relating
to
the
establishment,
repair,
and
improvement
1
of
drainage
and
levee
districts,
including
by
requiring
2
proof
of
professional
liability
insurance
by
civil
engineers
3
and
providing
for
rights
of
landowners.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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5637XS
(4)
90
da/ns
S.F.
2151
DIVISION
I
1
REQUIREMENTS
FOR
ENGINEERS
2
Section
1.
Section
468.10,
subsection
1,
Code
2024,
is
3
amended
to
read
as
follows:
4
1.
The
board
shall
at
its
first
session
thereafter,
regular,
5
special,
or
adjourned,
examine
the
petition
and
if
it
be
found
6
sufficient
in
form
and
substance,
shall
appoint
a
disinterested
7
and
competent
civil
engineer
who
shall
give
bond
to
the
county
8
for
the
use
of
the
proposed
levee
or
drainage
district,
if
it
9
be
established,
and
if
not
established,
for
the
use
of
the
10
petitioners,
in
amount
and
with
sureties
to
be
approved
by
11
the
auditor,
and
conditioned
for
the
faithful
and
competent
12
performance
of
the
engineer’s
duties
.
The
engineer
shall
13
provide
the
board
proof
of
professional
liability
insurance
14
which
shall
be
maintained
for
an
amount
of
coverage
required
15
by
the
board.
16
Sec.
2.
Section
468.33,
Code
2024,
is
amended
to
read
as
17
follows:
18
468.33
Supervising
engineer
——
bond
insurance
.
19
Upon
the
payment
or
securing
of
damages,
the
board
shall
20
appoint
a
competent
civil
engineer
to
have
charge
of
the
work
21
of
construction
thereof,
who
shall
be
required
,
before
entering
22
upon
the
work
to
give
a
bond
to
the
county
for
the
use
and
23
benefit
of
the
levee
or
drainage
district,
to
be
approved
by
24
the
auditor
in
such
sum
as
,
to
provide
to
the
board
proof
of
25
professional
liability
insurance
which
shall
be
maintained
26
for
an
amount
of
coverage
required
by
the
board
may
fix,
27
conditioned
for
the
faithful
discharge
of
the
engineer’s
28
duties
.
29
Sec.
3.
Section
468.203,
Code
2024,
is
amended
to
read
as
30
follows:
31
468.203
Engineer
appointed.
32
After
the
filing
of
the
plan
contemplated
in
section
468.201
33
the
board
shall,
at
its
first
session
thereafter,
regular,
34
special
,
or
adjourned,
appoint
a
disinterested
and
competent
35
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2151
civil
or
drainage
engineer
who
shall
give
bond
in
an
amount
1
to
be
fixed
by
the
board
conditioned
for
the
faithful
and
2
competent
performance
of
the
engineer’s
duties
.
The
engineer
3
shall
provide
the
board
proof
of
professional
liability
4
insurance
which
shall
be
maintained
for
an
amount
of
coverage
5
required
by
the
board.
6
Sec.
4.
Section
468.287,
Code
2024,
is
amended
to
read
as
7
follows:
8
468.287
Supervising
engineer.
9
At
the
time
of
finally
establishing
the
district,
the
10
boards
of
the
several
counties,
acting
jointly,
shall
employ
11
a
competent
civil
engineer
to
have
charge
and
supervision
of
12
the
construction
of
the
improvement
and
they
shall
fix
the
13
engineer’s
compensation
and
the
engineer
shall,
before
entering
14
upon
said
work,
give
a
bond
running
to
the
several
counties
for
15
the
use
and
benefit
of
the
district
in
the
same
amounts
and
of
16
like
tenor
and
effect
as
is
provided
in
districts
wholly
within
17
one
county
.
The
engineer
shall
provide
the
boards
proof
of
18
professional
liability
insurance
which
shall
be
maintained
for
19
an
amount
of
coverage
required
by
the
boards.
A
duplicate
of
20
such
bond
proof
shall
be
filed
with
the
auditor
of
each
of
said
21
counties.
22
DIVISION
II
23
COMPETITIVE
BIDDING
24
Sec.
5.
Section
468.3,
subsection
1,
Code
2024,
is
amended
25
by
striking
the
subsection.
26
Sec.
6.
Section
468.3,
Code
2024,
is
amended
by
adding
the
27
following
new
subsections:
28
NEW
SUBSECTION
.
5A.
The
term
“construction
cost”
means
29
the
costs
of
the
materials
and
labor
normally
provided
and
30
completed
by
a
contractor
under
a
construction
contract
secured
31
by
a
competitive
bid,
competitive
proposal,
or
negotiation.
32
NEW
SUBSECTION
.
6A.
The
term
“cost
of
repair”
means
the
33
costs
of
any
repair
to
an
improvement
of
a
drainage
district
34
which
is
subject
to
special
assessment
including
but
not
35
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limited
to
the
same
type
of
costs
specified
in
subsection
6.
1
Sec.
7.
Section
468.3,
subsection
6,
Code
2024,
is
amended
2
to
read
as
follows:
3
6.
a.
The
term
“cost
of
improvements”
“cost
of
improvement”
4
means
the
costs
of
any
improvement
which
is
subject
to
5
special
assessment
including,
but
not
limited
to,
the
costs
6
of
engineering,
preliminary
reports,
property
valuations,
7
regulatory
permits,
converted
wetland
or
other
mitigation,
8
estimates,
plans,
specifications,
notices,
acquisition
of
land,
9
easements,
rights-of-way,
construction,
repair,
connection
of
10
existing
private
tile
lines
encountered
during
construction
11
across
or
to
the
new
drain,
supervision,
inspection,
testing,
12
notices
and
publication,
interest
during
construction
and
for
13
a
reasonable
period
following
the
completion
of
construction,
14
and
may
include
the
default
fund
which
shall
amount
to
not
more
15
than
ten
percent
of
the
total
cost
of
an
improvement
assessed
16
against
benefited
property
land
.
17
b.
“Cost
of
improvement”
also
includes
repairs
or
18
replacements
or
new
installations
of
all
surface
water
entry
19
pipes
and
subsurface
drainage
outlet
pipes
on
drainage
district
20
open
ditches
not
otherwise
accomplished
by
the
board
under
21
section
468.126,
subsection
3.
22
Sec.
8.
Section
468.34,
Code
2024,
is
amended
to
read
as
23
follows:
24
468.34
Advertisement
for
competitive
bids.
25
The
If
the
board
provides
for
a
competitive
bid
process
as
26
provided
in
section
468.35,
the
board
shall
publish
notice
once
27
each
week
for
two
consecutive
weeks
in
a
newspaper
published
28
in
the
county
where
the
improvement
is
located,
and
publish
29
additional
advertisement
and
publication
elsewhere
as
the
board
30
may
direct.
The
notice
shall
state
the
time
and
place
of
31
letting
the
work
of
construction
of
the
improvement,
specifying
32
the
approximate
amount
of
work
to
be
done
in
each
numbered
33
section
of
the
district,
the
time
fixed
for
the
commencement,
34
and
the
time
of
the
completion
of
the
work,
that
bids
will
35
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be
received
on
the
entire
work
and
in
sections
or
divisions
1
of
it,
and
that
a
bidder
will
be
required
to
deposit
a
bid
2
security
with
the
county
auditor
as
provided
in
section
468.35
.
3
All
notices
shall
set
the
date
and
time
that
bids
will
be
4
received
and
upon
which
the
work
will
be
let.
However,
when
5
the
estimated
cost
of
the
improvement
is
less
than
the
adjusted
6
competitive
bid
threshold,
the
board
may
let
the
contract
for
7
the
construction
without
taking
bids
and
without
publishing
8
notice.
9
Sec.
9.
Section
468.35,
Code
2024,
is
amended
to
read
as
10
follows:
11
468.35
Bids
——
letting
of
work
——
competitive
bid
process
.
12
1.
The
board
shall
award
a
contract
for
work
ordered
by
13
the
board
using
a
competitive
bid
process
as
provided
in
this
14
section,
if
any
of
the
following
apply:
15
a.
The
estimated
construction
cost
for
work
ordered
by
the
16
board
is
one
hundred
thousand
dollars
or
more
to
be
assessed
17
for
benefits
on
lands
in
the
same
drainage
district
under
one
18
or
more
contracts.
19
b.
The
board
determines
that
a
competitive
bid
process
is
20
appropriate
for
the
work
ordered.
21
2.
If
awarding
a
contract
using
a
competitive
bid
process,
22
the
board
shall
award
the
contract
or
contracts
for
each
23
section
of
the
work
to
the
lowest
responsible
bidder
or
bidders
24
therefor,
bids
to
be
submitted,
received,
and
acted
upon
25
separately
as
to
the
main
drain
and
each
of
the
laterals,
and
26
each
settling
basin,
if
any,
exercising
their
own
discretion
as
27
to
letting
such
work
as
to
the
main
drain
as
a
whole,
or
as
to
28
each
lateral
as
a
whole,
or
by
sections
as
to
both
main
drain
29
and
laterals,
and
reserving
the
right
to
reject
any
and
all
30
bids
and
readvertise
the
letting
of
the
work.
31
2.
3.
A
bid
submitted
under
subsection
2
shall
be
in
32
writing,
specifying
the
portion
of
the
work
upon
which
the
33
bid
is
made,
and
filed
with
the
auditor.
The
bid
shall
be
34
accompanied
with
a
bid
security.
The
bid
security
shall
be
35
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in
the
form
of
a
deposit
of
cash,
a
certified
check
on
and
1
certified
by
a
bank
in
Iowa,
a
certified
share
draft
drawn
on
2
a
credit
union
in
Iowa,
or
a
bid
bond
with
a
corporate
surety
3
satisfactory
to
the
board
as
provided
in
section
73A.20
.
The
4
bid
security
must
be
payable
to
the
auditor
or
the
auditor’s
5
order
at
the
auditor’s
office
in
a
sum
equal
to
five
percent
6
of
the
amount
of
the
bid.
However,
if
the
maximum
limit
on
a
7
bid
security
would
cause
a
denial
of
funds
or
services
from
8
the
federal
government
which
would
otherwise
be
available,
9
or
if
the
maximum
limit
would
otherwise
be
inconsistent
with
10
the
requirements
of
federal
law,
the
maximum
limit
may
be
11
suspended
to
the
extent
necessary
to
prevent
denial
of
federal
12
funds
or
services
or
to
eliminate
the
inconsistency
with
13
federal
requirements.
The
cash,
check,
or
share
draft
of
an
14
unsuccessful
bidder
shall
be
returned,
and
the
bid
bond
of
an
15
unsuccessful
bidder
shall
be
canceled.
The
bid
security
of
a
16
successful
bidder
shall
be
maintained
as
a
guarantee
that
the
17
bidder
will
enter
into
a
contract
in
accordance
with
the
bids.
18
Sec.
10.
Section
468.36,
Code
2024,
is
amended
to
read
as
19
follows:
20
468.36
Performance
Letting
of
work
——
competitive
bid
process
21
——
bond
——
return
of
deposit.
22
A
If
the
board
awards
a
contract
or
contracts
for
work
23
ordered
by
the
board
using
a
competitive
bid
process
as
24
provided
in
section
468.35,
the
successful
bidder
is
required
25
to
execute
a
bond
with
sureties
approved
by
the
auditor
in
26
favor
of
the
county
for
the
use
and
benefit
of
the
levee
or
27
drainage
district
and
all
persons
entitled
to
liens
for
labor
28
or
material
in
an
amount
not
less
than
seventy-five
percent
of
29
the
contract
price
of
the
work
to
be
done,
conditioned
for
the
30
timely,
efficient,
and
complete
performance
of
the
contract,
31
and
the
payment,
as
they
become
due,
of
all
just
claims
for
32
labor
performed
and
material
used
in
carrying
out
the
contract.
33
When
a
contract
is
executed
and
bond
approved
by
the
board,
the
34
cash,
certified
check,
or
certified
share
draft
deposited
with
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the
bid
shall
be
returned
to
the
bidder.
1
Sec.
11.
Section
468.37,
Code
2024,
is
amended
to
read
as
2
follows:
3
468.37
Contracts.
4
All
agreements
and
contracts
for
work
or
materials
in
5
constructing
the
improvements
of
a
district
shall
be
in
writing
6
and
be
signed
by
the
chairperson
of
the
board
of
supervisors
7
for
and
on
behalf
of
the
district
and
the
parties
who
are
to
8
perform
the
work
or
furnish
the
materials
specified
in
the
9
contract.
The
contract
shall
specify
the
particular
work
to
10
be
done
or
materials
to
be
furnished,
the
time
when
it
shall
11
begin
and
when
it
shall
be
completed,
the
amount
to
be
paid
12
and
the
times
of
payment,
and
contain
liquidated
damages
for
13
late
completed
work,
with
such
other
terms
and
conditions
as
to
14
details
as
are
necessary
to
a
clear
understanding
of
the
terms
15
of
the
contract.
16
Sec.
12.
NEW
SECTION
.
468.37A
Letting
of
work
without
17
competitive
bid
process.
18
1.
If
the
board
does
not
use
the
competitive
bid
process
19
as
provided
in
section
468.35,
it
may
order
the
work
done
and
20
contract
with
a
contractor
selected
by
the
board
to
do
the
work
21
without
advertising
as
otherwise
required
in
section
468.34
22
or
requiring
the
execution
of
bond
as
otherwise
required
in
23
section
468.36.
The
board
shall
not
enter
into
a
contract
with
24
a
contractor
unless
the
contractor
provides
proof
of
liability
25
insurance
acceptable
to
the
board.
26
2.
If
the
estimated
construction
cost
is
less
than
fifty
27
thousand
dollars,
the
board
and
the
selected
contractor
shall
28
enter
into
a
contract
which
is
not
required
to
comply
with
29
section
468.37.
The
board
shall
appoint
an
engineer
to
oversee
30
the
work.
However,
if
the
governing
body
is
a
county
board
of
31
supervisors,
the
board
may
designate
the
county’s
secondary
32
roads
department
to
oversee
the
work.
The
board
shall
make
33
payment
from
the
drainage
fund
the
full
amount
necessary
to
34
reimburse
the
secondary
road
fund
for
the
full
cost
of
any
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equipment
and
labor
provided.
The
board
shall
make
payment
to
1
the
contractor
on
a
lump
sum
basis
if
the
board
approves
the
2
completed
work
and
receives
an
invoice
that
does
not
require
3
correction.
The
requirements
of
sections
468.100
through
4
468.103
do
not
apply.
5
3.
If
the
estimated
construction
cost
is
fifty
thousand
6
dollars
or
more
but
less
than
one
hundred
thousand
dollars,
7
the
board
may
select
two
or
more
qualified
contractors
to
8
submit
competitive
proposals
using
plans,
specifications,
9
and
bid
forms
prepared
by
the
supervising
engineer
appointed
10
under
section
468.33.
The
contract
shall
provide
a
contract
11
completion
date
and
provide
for
liquidated
damages
for
late
12
completed
work.
The
board
shall
make
progress
payments
to
the
13
contractor
on
a
monthly
basis,
and
shall
retain
ten
percent
of
14
each
payment
until
thirty
days
after
the
board
has
concluded
15
the
project
completion
hearing
and
accepted
the
work
pursuant
16
to
section
468.103.
The
requirements
of
sections
468.100
17
through
468.103
apply.
18
Sec.
13.
Section
468.100,
subsection
2,
Code
2024,
is
19
amended
to
read
as
follows:
20
2.
a.
All
of
the
provisions
of
this
section
shall,
when
21
applicable,
apply
to
repair
work
and
improvement
work
in
the
22
same
force
and
effect
as
to
original
construction.
23
b.
This
section
does
not
apply
if
the
estimated
construction
24
cost
is
less
than
fifty
thousand
dollars
as
provided
in
section
25
468.37A.
26
Sec.
14.
Section
468.101,
Code
2024,
is
amended
to
read
as
27
follows:
28
468.101
Completion
of
work
——
report
——
notice.
29
1.
When
the
work
to
be
done
under
a
contract
is
completed
30
to
the
satisfaction
of
the
engineer
in
charge
of
construction,
31
the
engineer
shall
report
and
certify
that
the
contract
is
32
completed
to
the
board.
Upon
receipt
of
the
report,
the
board
33
shall
set
a
day
to
consider
the
report
and
shall
give
notice
34
of
the
time
and
purpose
of
the
meeting
by
ordinary
mail
to
the
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owners
of
the
land
on
which
the
work
was
done,
and
to
the
owners
1
of
each
tract
of
land
or
lot
within
the
district
by
publication
2
in
a
newspaper
of
general
circulation
in
the
county.
The
3
publication
is
not
required
to
name
the
owners
of
any
tract
of
4
land
or
lot
within
the
district.
The
date
for
considering
the
5
report
by
the
board
shall
be
not
less
than
ten
days
after
the
6
date
of
mailing,
or
publication,
whichever
is
later.
7
2.
This
section
does
not
apply
if
the
estimated
construction
8
cost
is
less
than
fifty
thousand
dollars
as
provided
in
section
9
468.37A.
10
Sec.
15.
Section
468.102,
Code
2024,
is
amended
to
read
as
11
follows:
12
468.102
Objections.
13
1.
Any
party
interested
in
the
district
or
the
improvement
14
thereof
may
file
objections
to
the
report
made
under
section
15
468.101
and
submit
any
evidence
tending
to
show
that
the
report
16
should
not
be
accepted.
Any
interested
party
having
a
claim
17
for
damages
arising
out
of
the
construction
of
the
improvement
18
or
repair
shall
file
the
claim
with
the
board
at
or
before
19
the
time
fixed
for
hearing
on
the
completion
of
the
contract,
20
which
claim
shall
not
include
any
claim
for
land
taken
for
21
right-of-way
or
for
severance
of
land.
22
2.
This
section
does
not
apply
if
the
estimated
construction
23
cost
is
less
than
fifty
thousand
dollars
as
provided
in
section
24
468.37A.
25
Sec.
16.
Section
468.103,
Code
2024,
is
amended
by
adding
26
the
following
new
subsection:
27
NEW
SUBSECTION
.
3.
This
section
does
not
apply
if
the
28
construction
cost
is
less
than
fifty
thousand
dollars
as
29
provided
in
section
468.37A.
30
Sec.
17.
REPEAL.
Section
468.66,
Code
2024,
is
repealed.
31
DIVISION
III
32
REPAIRS
AND
IMPROVEMENTS
33
Sec.
18.
Section
468.126,
subsections
1,
2,
3,
and
4,
Code
34
2024,
are
amended
to
read
as
follows:
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1.
When
any
levee
or
drainage
district
has
been
established
1
and
the
improvement
constructed,
the
improvement
shall
be
at
2
all
times
under
the
supervision
of
the
board
of
supervisors
3
except
as
otherwise
provided
for
control
and
management
by
a
4
board
of
trustees
and
the
.
A
board
shall
keep
the
improvement
5
in
repair
as
provided
in
this
section
.
The
board
may
authorize
6
one
or
more
board
members
or
trustees,
watchpersons
employed
7
under
section
468.169,
or
other
employees
of
the
district
to
8
identify
minor
maintenance
needs,
determine
and
recommend
9
repairs,
engage
contractors,
and
oversee
the
repair
work
10
construction,
if
the
cost
is
not
more
than
seventy-five
11
thousand
dollars.
The
board
may
also
engage
the
county
12
engineer
and
the
secondary
road
department
under
subsection
13
2
to
manage
the
minor
repairs
and
also
larger
repairs,
if
14
construction
costs
are
less
than
the
district’s
repair
cost
15
threshold
but
not
more
than
one
hundred
fifty
thousand
dollars.
16
a.
The
board
at
any
time
on
its
own
motion,
without
notice,
17
may
order
done
whatever
is
necessary
to
restore
or
maintain
a
18
drainage
or
levee
an
improvement
in
its
original
efficiency
19
or
capacity,
and
for
that
purpose
may
remove
silt
and
debris,
20
repair
any
damaged
structures,
remove
weeds
and
other
vegetable
21
growth,
and
whatever
else
may
be
needed
to
restore
or
maintain
22
such
efficiency
or
capacity
or
to
prolong
its
useful
life.
23
b.
In
considering
a
proposed
repair
to
an
improvement,
24
the
board
shall
hold
an
informational
meeting
of
interested
25
landowners
in
the
district,
if
the
board
is
reasonably
assured
26
that
the
repair
cost
will
exceed
the
repair
cost
threshold.
27
However,
the
board
may
hold
the
informational
meeting
for
a
28
lower
cost
repair.
An
interested
landowner
includes
the
owner
29
of
land
which
may
be
included
in
the
proposed
benefited
area
30
or
the
proposed
area
which
otherwise
may
be
subject
to
special
31
assessment
for
the
proposed
repair.
32
(1)
The
board
shall
not
appoint
an
engineer
to
prepare
33
an
engineer’s
report
until
after
it
holds
the
informational
34
meeting
if
one
is
required.
However,
the
board
may
appoint
an
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engineer
to
attend
the
informational
meeting
if
it
determines
1
that
the
engineer’s
involvement
may
better
assist
persons
2
in
presenting
information
or
the
board
in
making
a
decision
3
regarding
the
proposed
repair.
4
(2)
The
board
shall
set
a
date
for
the
informational
meeting
5
and
order
the
auditor
to
notify
interested
landowners
of
the
6
informational
meeting’s
location,
date,
and
time
by
ordinary
7
mail.
The
date
of
the
meeting
shall
not
be
less
than
ten
days
8
after
the
date
that
the
meeting
notice
is
mailed.
9
(3)
At
the
informational
meeting,
the
board
shall
explain
10
to
interested
landowners
in
attendance
the
board’s
process
of
11
ordering
the
repair
and
paying
for
the
cost
of
repair.
The
12
board
shall
answer
all
relevant
questions
and
consider
all
13
relevant
comments
presented
at
the
informational
meeting,
and
14
may
consider
changing
the
scope
of
the
engineer’s
study
and
15
report.
16
(4)
(a)
This
paragraph
“b”
does
not
apply
if
the
board
17
determines
that
a
repair
must
be
made
on
an
emergency
basis
or
18
that
the
estimated
cost
of
repair
is
minor.
19
(b)
A
failure
to
notify
an
interested
landowner
of
an
20
informational
meeting
under
this
paragraph
“b”
is
not
a
basis
to
21
challenge
the
validity
of
the
informational
meeting
or
a
board
22
action.
23
b.
c.
The
After
the
informational
meeting
is
held,
or
if
24
the
board
is
not
required
to
hold
an
informational
meeting,
as
25
provided
in
paragraph
“b”
,
the
board
may
at
any
time
obtain
26
appoint
an
engineer
and
enter
an
order
for
the
preparation
27
of
an
engineer’s
report
regarding
the
most
feasible
means
of
28
repairing
a
drainage
or
levee
an
improvement
and
the
probable
29
cost
of
making
the
repair.
The
engineer’s
report
shall
provide
30
the
estimated
cost
of
repair,
the
identity
of
each
parcel
31
in
the
district
to
be
assessed
for
the
proposed
repair,
the
32
identity
of
eligible
parcels
in
the
district
that
would
benefit
33
from
the
proposed
repair,
and
the
estimated
total
size
of
the
34
affected
area
in
the
district
that
would
benefit
from
the
or
be
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assessed
for
the
proposed
repair.
The
engineer’s
report
shall
1
be
filed
with
the
auditor
before
the
board’s
action
to
approve
2
the
report.
3
(1)
If
the
engineer
advises,
or
the
board
otherwise
4
concludes
that
permanent
restoration
of
a
damaged
structure
5
is
not
feasible
at
the
time,
the
board
may
order
temporary
6
construction
it
deems
necessary
to
the
continued
functioning
of
7
the
improvement.
If
in
maintaining
and
repairing
tile
lines
8
the
board
finds
from
an
engineer’s
report
concludes
that
it
is
9
more
economical
to
construct
a
new
line
of
the
best
historic
10
efficiency
and
capacity
than
to
repair
the
existing
line,
the
11
new
line
may
be
considered
to
be
a
repair.
12
c.
(2)
(a)
If
the
estimated
cost
of
the
repair
does
not
13
exceed
fifty
thousand
dollars
minimum
cost
of
repair
threshold
14
is
satisfied
,
the
board
may
approve
the
proposed
repair
and
15
order
the
work
done
without
conducting
holding
a
hearing
on
the
16
matter.
Otherwise,
This
paragraph
“c”
does
not
restrict
the
17
authority
of
the
board
from
holding
a
hearing
regardless
of
the
18
cost
of
repair
in
the
same
manner
as
a
hearing
required
under
19
this
section.
20
(b)
If
the
board
holds
a
hearing
regarding
the
proposed
21
repair,
the
board
shall
set
a
schedule
the
hearing
and
order
22
the
auditor
to
send
a
notice
of
the
hearing
to
the
owners
of
23
the
parcels
proposed
to
be
subject
to
a
special
assessment
for
24
the
proposed
repair
as
presented
in
the
engineer’s
report.
The
25
notice
shall
state
the
location,
date
for
a
,
and
time
of
the
26
hearing
and
provide
notice
of
the
hearing
to
landowners
in
the
27
district
by
publication
in
the
same
manner
as
.
The
notice
28
shall
be
made
as
provided
in
section
468.15
sections
468.14
29
through
468.18
.
However,
if
the
estimated
cost
of
the
repair
30
exceeds
the
adjusted
competitive
bid
threshold,
the
board
shall
31
provide
notice
to
the
landowners
pursuant
to
sections
468.14
32
through
468.18
.
33
(c)
As
used
in
this
subparagraph
(2),
the
minimum
cost
of
34
repair
threshold
is
satisfied
if
the
estimated
cost
of
repair
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for
the
estimated
total
size
of
the
affected
area
as
provided
1
in
the
engineer’s
report
provided
in
this
paragraph
“c”
is
less
2
than
the
estimated
cost
of
repair
according
to
the
following
3
schedule:
4
(i)
If
the
estimated
total
size
of
the
affected
area
in
the
5
district
is
less
than
two
thousand
acres,
an
estimated
cost
of
6
repair
of
sixty
thousand
dollars.
7
(ii)
If
the
estimated
total
size
of
the
affected
area
in
8
the
district
is
two
thousand
acres
or
more
but
less
than
four
9
thousand
acres,
an
estimated
cost
of
repair
of
one
hundred
10
twenty
thousand
dollars.
11
(iii)
If
the
estimated
total
size
of
the
affected
area
in
12
the
district
is
four
thousand
acres
or
more
but
less
than
eight
13
thousand
acres,
an
estimated
cost
of
repair
of
two
hundred
14
thousand
dollars.
15
(iv)
If
the
estimated
total
size
of
the
affected
area
in
the
16
district
is
eight
thousand
acres
or
more
but
less
than
sixteen
17
thousand
acres,
an
estimated
cost
of
repair
of
three
hundred
18
thousand
dollars.
19
(v)
If
the
estimated
total
size
of
the
affected
area
in
20
the
district
is
sixteen
thousand
acres
or
more
but
less
than
21
thirty-two
thousand
acres,
an
estimated
cost
of
repair
of
four
22
hundred
thousand
dollars.
23
(vi)
If
the
estimated
total
size
of
the
affected
area
in
24
the
district
is
thirty-two
thousand
acres
or
more
but
less
than
25
sixty-four
thousand
acres,
an
estimated
cost
of
repair
of
five
26
hundred
thousand
dollars.
27
(vii)
If
the
estimated
total
size
of
the
affected
area
in
28
the
district
is
sixty-four
thousand
acres
or
more,
an
estimated
29
cost
of
the
repair
of
six
hundred
thousand
dollars.
30
(3)
The
board
shall
not
divide
a
proposed
repair
into
31
separate
programs
in
order
to
avoid
the
notice
and
hearing
32
requirements
of
this
paragraph
“c”
.
33
d.
(4)
Notwithstanding
paragraph
“b”
“c”
,
if
the
estimated
34
cost
of
the
repair
exceeds
fifty
thousand
dollars
or
the
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adjusted
competitive
bid
threshold,
whichever
is
more,
the
1
board
shall
order
an
engineer’s
report
or
a
report
from
the
2
soil
and
water
conservation
district
conservationist
regarding
3
the
matter
which
shall
be
presented
at
the
hearing
provided
in
4
paragraph
“c”
.
The
board
may
waive
the
report
requirement
if
a
5
prior
report
on
the
repair
exists
and
that
report
is
less
than
6
ten
years
old.
However,
the
engineer
shall
review
and
amend
7
the
report
as
necessary
to
update
the
estimated
cost
of
repair,
8
identify
the
affected
area
in
the
district
that
would
benefit
9
from
or
be
assessed
for
the
proposed
repair,
and
identify
the
10
estimated
total
size
of
the
affected
area.
At
the
hearing,
the
11
board
shall
hear
consider
facts
and
recommendations
presented
12
at
the
hearing,
including
objections
to
the
feasibility
of
13
making
the
proposed
repair.
At
any
time
prior
to
the
final
14
adoption
of
the
plan,
the
board
may
order
the
plan
to
be
15
amended.
16
e.
d.
Following
a
the
conclusion
of
the
hearing
,
if
17
required
provided
in
paragraph
“c”
,
the
board
shall
determine
18
whether
the
proposed
repair
is
necessary
or
desirable,
and
19
feasible.
If
the
board
determines
the
proposed
repair
is
20
necessary
or
desirable,
and
feasible,
it
shall
order
that
the
21
proposed
repair
be
made.
22
f.
e.
Any
interested
party
has
the
right
of
appeal
from
23
such
orders
an
order
of
the
board
under
this
subsection
in
the
24
manner
provided
in
this
subchapter,
parts
1
through
5
.
25
g.
f.
The
right
of
remonstrance
does
not
apply
to
a
repair
26
as
provided
in
this
section
.
27
2.
In
the
case
of
a
repair,
or
the
eradication
of
brush
or
28
weeds
along
the
open
ditches,
not
in
excess
of
the
adjusted
29
competitive
bid
threshold
fifty
thousand
dollars
,
where
the
30
board
finds
that
a
saving
to
the
district
will
result,
the
31
board
may
cause
the
repairs
or
eradication
to
be
done
by
32
secondary
road
fund
equipment,
or
weed
fund
equipment,
and
33
labor
of
the
county
and
then
reimburse
the
secondary
road
fund
34
or
the
weed
fund
from
the
fund
of
the
drainage
district
thus
35
-13-
LSB
5637XS
(4)
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2151
benefited.
1
3.
When
the
board
deems
it
necessary
it
,
the
board
may
order
2
the
repair
or
reconstruct
the
reconstruction
of
an
outlet
of
3
any
private
tile
line
which
empties
into
a
drainage
ditch
of
4
any
district
and
,
or
may
order
the
repair
or
reconstruction
of
5
any
connection
of
a
private
drain
tile
to
a
district
drain.
6
The
board
may
charge
the
cost
of
repair
or
reconstruction
to
7
the
district.
However,
if
the
board
determines
that
the
repair
8
or
reconstruction
is
required
due
to
a
failure
to
construct
the
9
outlet
or
drain
tile
in
compliance
with
specifications
made
by
10
the
board
under
section
468.140,
the
board
may
assess
the
costs
11
in
each
case
against
the
land
served
by
the
private
tile
line
12
where
the
repair
or
reconstruction
was
made
.
13
4.
a.
For
the
purpose
of
this
subsection
,
an
“improvement”
14
in
a
drainage
or
levee
district
in
which
any
ditch,
tile
drain,
15
or
other
facility
has
previously
been
constructed
is
a
project
16
intended
to
expand,
enlarge,
or
otherwise
increase
the
capacity
17
of
any
existing
ditch,
drain,
or
other
facility
above
that
for
18
which
it
was
designed.
19
b.
(1)
When
the
board
determines
that
an
a
contemplated
20
improvement
is
necessary
or
desirable,
and
feasible,
the
board
21
shall
appoint
an
engineer
to
make
and
order
the
preparation
22
of
an
engineer’s
study
and
report.
The
engineer’s
report
23
shall
include
the
results
of
any
surveys
as
seem
appropriate
24
to
determine
the
nature
and
extent
of
the
improvement,
and
to
25
file
a
report
showing
what
a
description
of
the
contemplated
26
improvement
is
recommended
and
its
,
the
estimated
construction
27
cost,
which
the
estimated
cost
of
improvement,
the
identity
28
of
each
parcel
in
the
district
that
would
benefit
from
the
29
contemplated
improvement,
the
estimated
benefited
area
in
30
each
parcel,
the
ownership
of
each
parcel,
and
the
estimated
31
total
size
of
the
area
in
the
district
that
would
benefit
32
from
the
proposed
improvement.
The
engineer’s
report
may
be
33
amended
before
the
board’s
final
action
approving
the
proposed
34
improvement
.
The
engineer’s
report
shall
be
filed
with
the
35
-14-
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2151
auditor.
1
(2)
If
the
board
determines
that
a
contemplated
improvement
2
is
not
to
an
existing
facility
of
the
district
or
if
an
3
extension
of
an
existing
facility
is
primarily
intended
to
4
bring
land
into
the
district
which
is
not
otherwise
benefited
5
by
any
other
facilities
of
the
district,
the
board
shall
6
require
that
the
contemplated
improvement
be
pursued
as
7
a
new
drainage
district
or
as
a
new
subdrainage
district.
8
However,
the
board
shall
retain
jurisdiction
to
pursue
the
9
contemplated
improvement
under
this
subsection
if
an
owner
or
10
owners
of
land
in
the
district
that
would
be
benefited
by
the
11
contemplated
improvement
file
a
petition
complying
with
section
12
468.8
requesting
the
contemplated
improvement
and
post
a
bond
13
complying
with
section
468.9
conditioned
for
the
payment
of
14
all
costs
and
expenses
incurred
in
the
proceedings
in
case
a
15
contemplated
improvement
is
not
approved
and
constructed.
16
c.
Before
the
engineer
begins
work,
the
board
shall
hold
an
17
informational
meeting
of
interested
landowners
in
the
district.
18
An
interested
landowner
includes
the
owner
of
land
in
the
19
district
which
may
be
included
in
the
proposed
benefited
area.
20
(1)
The
board
shall
set
a
date
for
the
informational
meeting
21
and
order
the
auditor
to
notify
interested
landowners
of
the
22
informational
meeting’s
location,
date,
and
time
by
ordinary
23
mail.
The
date
of
the
meeting
shall
not
be
less
than
ten
days
24
after
the
date
that
the
notice
is
mailed.
25
(2)
At
the
informational
meeting,
the
board
shall
explain
26
to
interested
landowners
in
attendance
the
board’s
process
27
of
ordering
the
improvement,
assessing
benefits
of
the
28
improvement,
a
landowner’s
right
to
support
or
object
to
the
29
proposed
improvement
at
a
future
hearing,
and
the
landowner’s
30
right
of
remonstrance
as
provided
in
this
subsection.
The
31
board
shall
answer
all
relevant
questions
and
consider
all
32
relevant
comments
presented
at
the
informational
meeting,
and
33
may
consider
changing
the
scope
of
the
engineer’s
study
and
34
report.
35
-15-
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2151
(3)
A
failure
to
notify
a
landowner
of
an
informational
1
meeting
under
this
paragraph
“c”
is
not
a
basis
to
challenge
the
2
validity
of
the
informational
meeting
or
a
board
action.
3
d.
After
the
engineer’s
report
is
filed
with
the
auditor
as
4
provided
in
paragraph
“c”
,
the
board
shall
consider
the
report,
5
order
the
report
to
be
tentatively
approved,
with
or
without
6
amendment,
and
order
a
hearing
as
follows:
7
c.
(1)
If
the
estimated
cost
of
the
improvement
does
not
8
exceed
fifty
thousand
dollars
minimum
cost
of
improvement
9
threshold
is
satisfied
,
the
board
may
approve
the
proposed
10
improvement
and
order
the
work
done
without
conducting
holding
11
a
hearing
on
the
matter.
Otherwise,
the
board
shall
set
a
date
12
for
schedule
a
hearing
on
regarding
the
proposed
improvement.
13
This
paragraph
“d”
does
not
restrict
the
authority
of
the
board
14
from
holding
a
hearing
regardless
of
the
cost
of
improvement
in
15
the
same
manner
as
for
a
hearing
required
under
this
subsection
16
except
that
the
right
of
remonstrance
shall
not
be
available.
17
(2)
The
board
shall
order
the
auditor
to
send
a
notice
of
a
18
hearing
held
under
this
subsection
to
the
owners
of
the
land
19
in
the
affected
area
as
provided
in
the
engineer’s
report.
20
The
notice
shall
state
the
location,
date,
and
time
of
the
21
hearing
and
state
that
the
board
shall
consider
whether
to
22
construct
the
proposed
improvement
and
whether
there
shall
be
23
a
reclassification
of
benefits
for
the
cost
of
the
proposed
24
improvement.
The
notice
shall
be
made
in
the
same
manner
as
25
provided
in
sections
468.14
through
468.18.
26
(1)
(a)
The
board
shall
provide
notice
to
landowners
in
27
the
district
by
publication
in
the
same
manner
as
provided
28
in
section
468.15
.
However,
if
the
estimated
cost
of
the
29
improvement
exceeds
the
adjusted
competitive
bid
threshold,
30
the
board
shall
provide
notice
to
the
landowners
pursuant
to
31
sections
468.14
through
468.18
.
32
(b)
Notwithstanding
subparagraph
division
(a),
and
in
lieu
33
of
publishing
the
notice,
the
board
may
mail
a
copy
of
the
34
notice
to
each
address
where
a
landowner
within
the
district
35
-16-
LSB
5637XS
(4)
90
da/ns
16/
21
S.F.
2151
resides
by
first
class
mail
if
the
cost
of
mailing
is
less
1
than
publication
of
the
notice.
The
mailing
shall
be
made
2
during
the
time
the
notice
would
otherwise
be
required
to
be
3
published.
4
(3)
As
used
in
this
paragraph
“d”
,
the
minimum
cost
of
5
improvement
threshold
is
satisfied
if
the
estimated
cost
of
6
improvements
for
the
estimated
total
size
of
the
affected
7
area
in
the
district
as
provided
in
the
engineer’s
report
is
8
less
than
the
estimated
cost
of
improvement
according
to
the
9
following
schedule:
10
(a)
If
the
estimated
total
size
of
the
affected
area
in
the
11
district
is
less
than
two
thousand
acres,
an
estimated
cost
of
12
improvement
of
thirty
thousand
dollars.
13
(b)
If
the
estimated
total
size
of
the
affected
area
in
14
the
district
is
two
thousand
acres
or
more
but
less
than
four
15
thousand
acres,
an
estimated
cost
of
improvement
of
sixty
16
thousand
dollars.
17
(c)
If
the
estimated
total
size
of
the
affected
area
in
the
18
district
is
four
thousand
acres
or
more
but
less
than
eight
19
thousand
acres,
an
estimated
cost
of
improvement
of
one
hundred
20
thousand
dollars.
21
(d)
If
the
estimated
total
size
of
the
affected
area
in
the
22
district
is
eight
thousand
acres
or
more
but
less
than
sixteen
23
thousand
acres,
an
estimated
cost
of
improvement
of
one
hundred
24
fifty
thousand
dollars.
25
(e)
If
the
estimated
total
size
of
the
affected
area
in
26
the
district
is
sixteen
thousand
acres
or
more
but
less
than
27
thirty-two
thousand
acres,
an
estimated
cost
of
improvement
of
28
two
hundred
thousand
dollars.
29
(f)
If
the
estimated
total
size
of
the
affected
area
in
the
30
district
is
thirty-two
thousand
acres
or
more
but
less
than
31
sixty-four
thousand
acres,
an
estimated
cost
of
improvement
of
32
two
hundred
fifty
thousand
dollars.
33
(g)
If
the
estimated
total
size
of
the
affected
area
in
the
34
district
is
sixty-four
thousand
acres
or
more,
an
estimated
35
-17-
LSB
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21
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2151
cost
of
improvement
of
three
hundred
thousand
dollars.
1
(2)
(4)
The
board
shall
not
divide
proposed
improvements
2
into
separate
programs
in
order
to
avoid
compliance
with
this
3
paragraph
“c”
subsection
.
4
d.
(5)
At
the
If
a
hearing
,
if
required
in
is
to
be
held
5
under
this
paragraph
“c”
“d”
,
the
board
shall
hear
consider
6
objections
to
the
feasibility
of
the
proposed
improvements
7
improvement
and
arguments
for
or
against
a
reclassification
8
presented
by
or
for
any
taxpayer
of
the
district.
Following
9
the
hearing,
the
board
shall
determine
whether
to
approve
10
the
proposed
improvement
and
order
that
the
improvement
it
11
deems
necessary
or
desirable
and
feasible
be
made
and
its
12
construction.
The
board
shall
also
determine
whether
there
13
should
be
a
reclassification
of
benefits
for
the
cost
of
the
14
improvement.
If
it
is
determined
that
a
reclassification
of
15
benefits
should
be
made,
the
board
shall
proceed
as
provided
16
in
section
468.38
.
17
e.
If
the
estimated
cost
of
the
improvement
exceeds
18
the
adjusted
competitive
bid
minimum
cost
of
improvement
19
threshold,
or
the
original
cost
of
the
district
plus
the
cost
20
of
subsequent
improvements
in
the
district,
whichever
amount
21
is
greater,
a
majority
of
the
landowners
in
the
district
22
identified
as
benefiting
from
the
improvement
as
provided
in
23
the
engineer’s
report
,
and
owning
in
the
aggregate
more
than
24
seventy
percent
of
the
total
land
in
the
district
benefiting
25
from
the
improvement
,
may
file
a
written
remonstrance
against
26
the
proposed
improvement,
at
or
before
the
date
time
set
for
27
hearing
on
the
proposed
improvement
as
provided
in
paragraph
28
“c”
this
subsection
,
with
the
county
auditor,
or
auditors
29
in
case
the
district
extends
into
more
than
one
county.
If
30
a
remonstrance
is
filed,
the
board
shall
discontinue
and
31
dismiss
all
further
proceedings
on
the
proposed
improvements
32
improvement
and
charge
the
costs
incurred
to
date
for
the
33
proposed
improvements
improvement
to
the
district.
34
f.
Any
interested
party
may
appeal
from
such
orders
in
35
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21
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2151
the
manner
provided
in
this
subchapter,
parts
1
through
5
.
1
However,
this
section
does
not
affect
the
procedures
of
section
2
468.132
covering
the
common
outlet.
3
Sec.
19.
Section
468.140,
Code
2024,
is
amended
to
read
as
4
follows:
5
468.140
Outlet
for
lateral
drains
——
specifications.
6
The
owner
of
any
premises
assessed
for
the
payment
of
the
7
costs
of
location
and
construction
of
any
ditch,
drain
or
8
drain
tile
,
or
watercourse
as
in
this
subchapter,
parts
1
9
through
5
,
provided,
shall
have
the
right
to
use
the
same
as
10
an
outlet
for
lateral
drains
from
the
premises.
The
board
of
11
supervisors
shall
make
specifications
covering
the
manner
in
12
which
such
lateral
drains
shall
be
connected
with
the
main
13
ditches
or
other
laterals
and
be
maintained,
and
the
owner
14
shall
follow
such
specifications
in
making
and
maintaining
any
15
such
connection.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
GENERAL.
Under
Code
chapter
468,
drainage
or
levee
20
districts
are
established
and
managed
by
different
forms
of
21
governing
bodies,
including
a
board
of
supervisors,
joint
22
boards
of
supervisors
governing
intercounty
districts,
23
and
an
elected
board
of
trustees.
A
board
is
required
to
24
appoint
a
civil
engineer
to
establish
a
district
and
oversee
25
work
projects
in
the
district.
A
board
may
order
a
repair
26
to
an
improvement
(to
restore
or
maintain
its
capacity)
27
or
the
construction
of
an
improvement
(to
expand,
enlarge,
28
or
otherwise
increase
its
capacity).
Usually,
the
work
is
29
ordered
by
the
board
after
a
competitive
bid
process
and
30
after
a
public
hearing
of
affected
landowners.
In
lieu
of
31
a
statutory
dollar
amount
used
to
determine
whether
bids
are
32
required
to
be
let
under
Code
chapter
468,
the
amount
may
be
33
set
by
the
vertical
infrastructure
bid
threshold
subcommittee
34
for
public
improvements
established
within
the
department
of
35
-19-
LSB
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(4)
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da/ns
19/
21
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2151
transportation
(Code
sections
314.1B
and
468.3).
1
REQUIREMENTS
FOR
ENGINEERS.
The
bill
provides
that
a
2
civil
engineer
appointed
by
a
board
is
not
required
to
post
a
3
bond
but
instead
must
provide
proof
of
professional
liability
4
insurance
in
an
amount
required
by
the
board.
5
COMPETITIVE
BID
PROCESS.
The
bill
eliminates
the
vertical
6
infrastructure
bid
threshold
used
to
determine
when
a
board
7
may
order
work
in
the
district
without
using
a
competitive
8
bid
process.
If
the
estimated
construction
cost
is
less
than
9
$50,000,
the
board
and
a
contractor
selected
by
the
board
10
may
enter
into
a
contract
without
a
competitive
bid.
The
11
board
must
appoint
an
engineer
or
the
county’s
secondary
roads
12
department
to
oversee
the
work.
If
the
estimated
construction
13
cost
is
$50,000
or
more
but
less
than
$100,000,
the
board
may
14
select
two
or
more
qualified
contractors
to
submit
competitive
15
proposals
using
plans,
specifications,
and
bid
forms
prepared
16
by
a
supervising
engineer.
It
also
requires
that
the
contract
17
provide
a
completion
date
and
liquidated
damages
for
at
least
18
$100,000.
The
board
is
required
to
make
monthly
progress
19
payments
to
the
contractor
on
a
monthly
basis
and
withhold
10
20
percent
until
completion.
21
REPAIRS
AND
IMPROVEMENTS.
The
board
may
authorize
one
22
or
more
board
members
or
trustees,
watchpersons,
or
other
23
employees
of
the
district
to
identify
minor
maintenance
24
needs,
determine
and
recommend
repairs,
engage
contractors,
25
and
oversee
the
repair
work
construction,
if
the
cost
is
not
26
more
than
$75,000.
The
board
may
also
engage
the
county
27
engineer
and
the
secondary
road
department
to
manage
the
28
minor
repairs
and
also
larger
repairs,
if
construction
costs
29
are
less
than
the
district’s
repair
cost
threshold
but
not
30
more
than
$150,000.
The
bill
provides
that
in
considering
31
a
proposed
repair
or
improvement,
the
board
must
hold
an
32
informational
meeting
of
interested
landowners
in
the
district
33
whose
land
is
affected
by
the
board’s
action
ordering
a
repair
34
or
improvement.
An
informational
meeting
for
a
repair
is
35
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not
necessary
if
the
repair
must
be
made
due
to
an
emergency
1
or
the
costs
of
the
repair
are
minor.
Notice
is
sent
to
2
affected
landowners
by
ordinary
mail.
A
failure
to
notify
3
an
interested
landowner
of
the
meeting
does
not
confer
any
4
legal
right
to
challenge
a
board’s
action.
The
board
is
not
5
required
to
hold
a
regular
meeting
concerning
the
repair
or
6
improvement
if,
according
to
an
engineer’s
report,
a
minimum
7
cost
threshold
of
the
repair
or
improvement
is
satisfied.
The
8
method
of
calculating
the
threshold
is
different
for
repairs
9
and
improvements.
In
both
cases,
it
is
based
on
the
estimated
10
total
size
of
the
affected
area
(calculated
in
acres).
For
a
11
proposed
repair,
this
includes
all
parcels
that
would
benefit
12
from
or
be
assessed
for
the
proposed
repair,
and
in
the
case
13
of
a
proposed
improvement,
it
includes
all
parcels
that
would
14
benefit
from
the
proposed
improvement.
In
any
case,
a
schedule
15
is
used
in
which
a
minimum
threshold
cost
is
assigned
for
each
16
size
category
of
land.
The
bill
also
provides
for
cases
in
17
which
the
board
determines
that
a
contemplated
improvement
18
is
not
to
an
existing
facility
in
the
district
or
it
is
to
19
an
existing
facility
but
is
primarily
intended
to
bring
land
20
into
the
district
without
benefiting
other
facilities
in
the
21
district.
In
such
cases,
the
contemplated
improvement
must
22
be
made
as
a
new
drainage
district
or
as
a
new
subdrainage
23
district.
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