TRUSTEE RESPONSIBILITIES ARCHITECTURE + ENGINEERING + ENVIRONMENTAL + PLANNING
CHAPTER 468 OF THE CODE OF IOWA Drainage Districts are governed under this chapter of the Code of Iowa.
PETITION Triggers District activity and is filed with the Auditor. 468.6 Two or more owners of lands named in the petition described in section 468.8, may file in the office of the county auditor a petition for the establishment of a levee or drainage district, including a district which involves only the straightening of a creek or river. If the district described in the petition is a sub-district, one or more owners of land affected by the proposed improvement may petition for such district. Typical legal counsel recommendation is that the Boards utilize petitions to initiate review of major repairs and improvements. Once filed, action by Board is required.
RESPONSIBILITY OF TRUSTEES REPAIR 468.126(1) When a levee or drainage district has been established and the improvements constructed, the improvement shall be at all times under the supervision of the Board of Supervisors except as otherwise provided for control and management by a Board of Trustees and the Board shall keep the improvement in repair as provided in this section. 468.126(1) a. The Board at any time on its own motion, without notice, may order done whatever is necessary to restore or maintain a drainage or levee improvement in its original efficiency or capacity, and for that purpose may remove silt and debris, repair any damaged structures, remove weeds and other vegetable growth, and whatever else may be needed to restore or maintain such efficiency or capacity or to prolong its useful life.
RESPONSIBILITY OF TRUSTEES REPAIR 468.126(1) b. The Board may at any time obtain an Engineer s Report regarding the most feasible means of repairing drainage or levee improvement and the probable cost of making the repair. If the Engineer advises, or the Board otherwise concludes that permanent restoration of a damaged structure is not feasible at the time, the Board may order temporary construction it deems necessary to the continued functioning of the improvement. If in maintaining and repairing tile lines, the Board finds from an Engineer s Report it is more economical to construct a new line than to repair the existing line, the new lime may be considered to be a repair. 468.126(1) c, - If the estimated cost of the repair does not exceed fifty thousand dollars, the board may order the work done without conducting a hearing on the matter. Otherwise, the board shall set a date for a hearing and provide notice of the hearing to landowners in the district by publication in the same manner as provided in section 468.15. However, if the estimated cost of the repair exceeds the adjusted competitive bid threshold, the board shall provide notice to the landowners pursuant to sections 468.14 through 468.18...
RESPONSIBILITY OF TRUSTEES IMPROVEMENTS 468.126(4) For the purpose of this subsection, an improvement in a drainage or levee district in which any ditch, tile drain or other facility has previously been constructed is a project intended to expand, enlarge or otherwise increase the capacity of any existing ditch, drain or other facility above that for which it was designed. 468.126(4) a. When the Board determines that improvements are necessary or desirable, the board shall appoint an engineer to make surveys as seem appropriate to determine the nature and extent of the needed improvements, and to file a report showing what improvements are recommended and their estimated costs, which report may be amended before final action.
RECOMMENDED DRAINAGE DISTRICT PROCEEDINGS 1. Appointment of Engineer 468.10 & 468.126(4)a. To prepare a preliminary plan of the proposed repair or improvement with and estimated cost.. 2. Informational Meetings Hold an informational meeting with the landowners in drainage district to inform them of the known issues within the district, inform them of drainage district procedures and to gather input on additional concerns within the district. Notice does not have to be mailed to each individual landowner but is recommended. No formal decisions can be made. 3. Direct Engineer to Prepare a Full Report 468.12 & 468.126(4)a. Based on input by landowners, direct Engineer to prepare report for repair, improvement or for both. The report will outline history, existing drainage problems, proposed improvement, and recommendations for right-of-way acquisition, annexation and reclassification, along with cost estimate. Plans will provide layout, alignment, grade and estimated quantities for construction of repairs and/or improvements.
RECOMMENDED DRAINAGE DISTRICT PROCEEDINGS 4. Hold Formal Hearing on Engineer s Report 468.14 468.18 & 468.126(1)c. Engineer s Report is filed with the Board as trustees with a time and date set for hearing on report at least 40 days thereafter. Publication and mailed notice to each landowner of record is required as least 20 days prior to the hearing. 5. Objections 468.19 a. Must be in writing. b. Read and addressed at hearing. c. Kept in the records. d. Objectors have 20 days from the hearing to appeal the Boards decision. Nonobjectors have no opportunity for appeal.
REMONSTRANCE 468.126(4)a Greater than 50% of the landowners by population who also own greater than 70% of the land within the district by area. a. Does not apply to repairs, annexation, ROW and reclassification. b. Only applies to initial establishment of district and improvements.
BOARD ACTIONS AT HEARING a. Adopt the improvement or repair plan and modify as deemed appropriate, to satisfy the desires of the District. b. Direct the Engineer to prepare the plans and specifications, obtain necessary permits, and proceed toward a bid letting. c. Adopt a resolution of necessity for the annexation of additional lands, if that is the desire of the District. d. Initiate acquisition of additional right-of-way. e. Initiate reclassification proceedings.
ADVERTISING AND BID LETTING FOR PROJECTS 468.34 and 468.35 If estimated cost of the improvement or repair is less than the adjusted competitive bid threshold for vertical infrastructures for counties ($135,000), the board may let the contract for the construction without taking bids and without publishing notice.
RIGHT-OF-WAY EASEMENT ACQUISITION 468.24, 468.25 and 468.26 A permanent ingress and egress easement is obtained. Landowners maintain ownership. a. Permanent Easement (following establishment) - 468.27. b. Establishment of ROW of Record - 468.126(8).
ANNEXATION OF BENEFITTED LANDS 468.119 & 468.120 - The following statement covers annexation if the board becomes convinced that additional lands contiguous to the district, and without regard to county boundaries, are benefited by the improvement to said district as contemplated in Section 468.126, the Board may adopt with or without a petition from owners of the proposed annexed lands, a resolution of necessity for annexation of such additional land."
RECLASSIFICATION TO REDISTRIBUTE DRAINAGE BENEFITS 468.131& 468.41 Section 468.131 covers when reclassification is required as follows: When an assessment for improvements as provided in Section 468.126, exceeds twenty-five percent of the original assessment and the original or subsequent assessment or report of the benefit commission as confirmed did not designate separately the amount each tract should pay for the main ditch and tile lateral drains then the board shall order a reclassification in accordance with the principles and rules set forth in Section 468.41. Board can authorize a reclassification at any time it believes the current assessment schedules are inequitable.
THANK YOU. Kent Rode, PE kent.rode@is-grp.com www.is-grp.com