reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.263 - General.

468.263 General.
1. A merger must involve two or more voluntarily participating drainage or levee districts including all of the following:
a. One participating dominant district whose board would survive the merger to govern the merged district.
b. One or more participating servient districts whose boards would be dissolved by the merger.
2. a. The merger must be proposed by the board of each participating drainage or levee district as provided in this part.
b. The proposed merger must be approved by the board of the participating dominant district and one or more boards of the participating servient districts, as provided in this part.
3. a. The boundary of a participating drainage or levee district must adjoin all or part of the boundary of another participating drainage or levee district.
b. Notwithstanding paragraph “a” two participating drainage or levee districts may be separated by land not part of any drainage or levee district if the proposed merger is contingent upon the annexation of such land pursuant to sections 468.119 through 468.121.
4. A merger may occur notwithstanding that a drainage or levee district participating in a merger is not otherwise eligible for dissolution as provided in part 6 of this subchapter.
2014 Acts, ch 1075, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.264 - Board participation initiated.

468.264 Board participation initiated.
1. In order to participate in a proposed merger the board of a drainage or levee district must determine that the merger will substantially benefit the owners of land situated in the drainage or levee district.
2. A board making the determination described in subsection 1 shall enter an order to conduct a public hearing regarding a proposed merger as provided in section 468.265. The board shall enter the order with the auditor of each county where the drainage or levee district is situated.
2014 Acts, ch 1075, §3
Referred to in §468.265
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.265 - Public hearing.

468.265 Public hearing.
1. A public hearing must be conducted within forty-five days from the last date that the board enters an order with the auditor of each county where the drainage or levee district is situated as provided in section 468.264. The auditor of each county where the participating drainage or levee district is located shall provide notice of a public hearing regarding the proposed merger. However, the board may designate the auditor of the county with the greatest portion of the district’s territory to provide the notice. The notice must include all of the following:
a. A description of the proposed merger.
b. The determination made by the board under section 468.264.
c. Whether land in the participating drainage or levee district may be subject to any special assessment as provided in section 468.269.
d. The date, time, and place of the public hearing.
e. That all written objections to the proposed merger must be filed in the office of the county auditor.
2. a. The auditor of the county where a participating drainage or levee district is situated or the auditor designated by the board shall deliver the notice required in subsection 1 to all landowners in the district in the same manner as provided in sections 468.14 through 468.18, as the auditor deems appropriate.
b. If land is to be annexed as a condition of the merger, as provided in this part, the auditor of the county where the land to be annexed is situated or the auditor designated by the board shall deliver the notice to the owners of such land by ordinary mail.
3. The boards of one or more participating drainage or levee districts may conduct the public hearing jointly.
4. This section shall not be construed to prevent the board of a participating drainage or levee district from convening and conducting a public hearing in a manner consistent with section 468.258.
2014 Acts, ch 1075, §4; 2015 Acts, ch 51, §1, 2
Referred to in §468.264, 468.266, 468.269
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.266 - Meeting and vote.

468.266 Meeting and vote.
1. Each board of a participating drainage or levee district shall meet to vote on a resolution which includes the question whether or not to approve the proposed merger. A board must vote on the resolution within forty-five days of the last public hearing conducted pursuant to section 468.265.
2. The board shall only consider written objections to the proposed merger as filed in the office of the county auditor as provided in the notice for a public hearing or comments made at a public hearing conducted pursuant to section 468.265.
3. Two or more boards may approve a joint meeting and vote upon a joint resolution. If the board for the participating dominant district votes at the joint meeting, the dominant board shall pay any costs associated with conducting the joint meeting, regardless of the vote’s outcome.
2014 Acts, ch 1075, §5
Referred to in §468.267
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.267 - Joint order.

468.267 Joint order.
1. A resolution to merge participating drainage or levee districts approved by their respective boards as provided in section 468.266 shall be effectuated according to the terms and conditions of a joint order for merger entered by those boards.
2. Each board shall file the joint order with the auditors of their respective counties. Upon receipt of a joint order, the auditor shall include the joint order as part of the drainage record.
3. The auditor shall not file an order unless all territory within the merged drainage or levee district is contiguous, and includes any land required to be annexed as a condition of the merger.
4. Upon the filing of the joint order with the county auditor as provided in subsection 2, title to all real estate, other property, improvement, and any right-of-way held by the participating drainage or levee district is vested in the merged drainage or levee district, subject to any condition which applied immediately prior to the merger.
5. The auditor of a county designated by the board governing the merged drainage or levee district shall prepare and file with the recorder of each county where the merged district is situated all conveyances and other documentation necessary to effect the transfers referenced in the joint order.
6. The merged drainage or levee district assumes all existing obligations of a participating drainage or levee district subject to the joint order.
2014 Acts, ch 1075, §6
Referred to in §468.269
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.268 - Effect of the merger.

468.268 Effect of the merger.
1. a. Except as provided in this subsection, a legal or equitable proceeding pending against a participating drainage or levee district prior to a merger shall continue as if the merger did not occur.
b. The merged drainage or levee district shall be substituted for the participating drainage or levee district standing as a party.
c. The board governing the merged drainage or levee district may apportion the costs of a legal or equitable proceeding against the landowners of the participating drainage or levee district based upon the classification of land and assessments applicable to the participating drainage or levee district prior to the merger.
2. Except as provided in section 468.269, the merger does not affect the classification of land or the levy of an assessment.
3. The original cost and the subsequent cost of improvements in a participating drainage or levee district under this part shall be added to and become a part of the original cost and the subsequent cost of improvements in the merged drainage or levee district.
4. The surviving board of a merged drainage or levee district shall pay any remaining costs associated with the merger.
2014 Acts, ch 1075, §7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.269 - Special assessment — merged land.

468.269 Special assessment — merged land.
1. In addition to assessments imposed pursuant to sections 468.49 and 468.50, the surviving board of a merged drainage or levee district may impose a special assessment on land situated in the merged district which was a participating servient district prior to the merger.
2. The special assessment shall apply to costs of improvements made within the participating dominant district prior to the merger for not longer than five years prior to the date that the joint order was filed with the county auditor by the surviving board for the participating dominant district pursuant to section 468.267.
3. In order to impose a special assessment under this section all of the following must apply:
a. The board must approve a report by an engineer appointed by the board as provided in part 1 stating those improvements directly benefiting land situated in the participating servient district were made within the five-year period provided in subsection 2.
b. The notice for a public hearing required in section 468.265 must have stated that the board may impose a special assessment under this section.
4. The board shall not impose the special assessment under this section on land that was annexed as part of the merger. However, such land is subject to a special assessment pursuant to sections 468.119 through 468.121.
2014 Acts, ch 1075, §8; 2015 Acts, ch 30, §149
Referred to in §468.265, 468.268
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.270 - Petition and bond.

468.270 Petition and bond.
When the levee or drainage district embraces land in two or more counties, a duplicate of the petition of any owner of land to be affected or benefited by such improvement shall be filed with the county auditor of each county into which said levee or drainage district will extend, accompanied by a duplicate bond to be filed with the auditor of each of the said counties as provided when the district is wholly within one county, in an amount and with sureties approved by the auditor of the county in which the largest acreage of the district is situated, which bond shall run in favor of the several counties in which it is filed.
[S13, §1989-a29; C24, 27, 31, 35, 39, §7599; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.1]
89 Acts, ch 126, §2
CS89, §468.270
Referred to in §468.305
Procedure for converting several intracounty districts into one intercounty district, see subchapter II, part 2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.271 - Commissioners.

468.271 Commissioners.
Upon the filing of such petition in each county and the approval of such duplicate bond by the proper auditor, the board of each of such counties shall appoint a commissioner and the joint boards shall appoint a competent engineer who shall also act as a commissioner.
[S13, §1989-a29; C24, 27, 31, 35, 39, §7600; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.2]
89 Acts, ch 126, §2
CS89, §468.271
Referred to in §468.305
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.272 - Examination and report.

468.272 Examination and report.
The commissioners thus appointed shall examine the application and make an inspection of all the lands embraced in the proposed district and shall determine what improvements in the way of levees, ditches, drains, settling basins, or change of natural watercourse are necessary for the drainage of the lands described in the petition. Such commissioners, including the engineer, shall file a detailed report of their examination and their findings and file a duplicate thereof in the office of the auditor of each of said counties.
[S13, §1989-a29; C24, 27, 31, 35, 39, §7601; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.3]
89 Acts, ch 126, §2
CS89, §468.272
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.273 - Duty of engineer.

468.273 Duty of engineer.
In addition to the report of the commissioners as a whole, the engineer so appointed shall perform the same duties and in the same manner required of the engineer by subchapter I, parts 1 through 5 when the proposed district is located wholly within one county, and the engineer’s surveys, plats, profiles, field notes, and reports of the engineer’s surveys shall be made and filed in duplicate in each county.
[S13, §1989-a29; C24, 27, 31, 35, 39, §7602; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.4]
89 Acts, ch 126, §2
CS89, §468.273
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.274 - Notice.

468.274 Notice.
Immediately upon the filing of the report of the commissioners and the engineer, if the report recommends the establishment of such district, notice shall be given by the auditor of each county to all of the following:
1. The owners of all the lots and tracts of land in the auditor’s own county respectively embraced within the district as recommended by the commissioners as shown by the transfer books in the office of the auditor of each of the respective counties.
2. The persons in actual occupancy of all the lots or tracts of land in the district.
3. Each lienholder or encumbrancer of any of the lots or tracts in the district as shown by the records of the respective counties.
[S13, §1989-a29; C24, 27, 31, 35, 39, §7603; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.5]
89 Acts, ch 126, §2
CS89, §468.274
2021 Acts, ch 80, §305; 2022 Acts, ch 1021, §118
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.275 - Contents of notice — service.

468.275 Contents of notice — service.
Such notice shall state the time and place, when and where the boards of the several counties will meet in joint session for the consideration of said petition and the report of the commissioners and engineer thereon, and shall in other respects be the same and served in the same time and manner as required when the district is wholly within one county, except that the auditor of each county shall give notice only to the owners, occupants, encumbrancers, and lienholders of the lots and tracts of land embraced within the proposed district in the auditor’s own county as shown by the records of such county.
[S13, §1989-a29; C24, 27, 31, 35, 39, §7604; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.6]
89 Acts, ch 126, §2
CS89, §468.275
Notice and service, §468.14 et seq.
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.276 - Claims for damages — filing — waiver.

468.276 Claims for damages — filing — waiver.
Any person filing objections or claiming damages or compensation on account of the construction of such improvement shall file the same in writing in the office of the auditor of the county in which the person’s land is situated, at or before the time set for hearing. The person may, however, file it at the time and place of hearing. If the person shall fail to file such claim at the time specified the person shall be held to have waived the person’s right thereto, but claims for land taken for right-of-way for any open ditch or for settling basins need not be filed.
[S13, §1989-a30; C24, 27, 31, 35, 39, §7605; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.7]
89 Acts, ch 126, §2
CS89, §468.276
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.277 - Organization and procedure — adjournments.

468.277 Organization and procedure — adjournments.
At the time set for hearing such petition, the boards of the several counties shall meet at the place designated in said notice. They shall organize by electing a chairperson and a secretary, and when deemed advisable may adjourn to meet at the call of such chairperson at such time and place as the chairperson may designate, or may adjourn to a time and place fixed by said joint boards. They shall sit jointly in considering the petition, the report and the recommendations of the engineer, in the same manner as if the district were wholly within one county.
[S13, §1989-a31; C24, 27, 31, 35, 39, §7606; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.8]
89 Acts, ch 126, §2
CS89, §468.277
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.278 - Tentative adoption of plans.

468.278 Tentative adoption of plans.
The said boards by their joint action may dismiss the petition and refuse to establish such district, or they may approve and tentatively adopt the plans and recommendations of the engineer for the said district.
[C24, 27, 31, 35, 39, §7607; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.9]
89 Acts, ch 126, §2
CS89, §468.278
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.279 - Appraisers.

468.279 Appraisers.
If the said boards shall adopt a tentative plan for the district, the board of each county shall select an appraiser and the several boards by joint action shall employ an engineer, and the said appraisers and engineer shall constitute the appraisers to appraise the damages and value of all right-of-way required for open ditches and of all lands required for settling basins.
[S13, §1989-a31; C24, 27, 31, 35, 39, §7608; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.10]
89 Acts, ch 126, §2
CS89, §468.279
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.280 - Duty of appraisers — procedure.

468.280 Duty of appraisers — procedure.
The appraisers shall proceed in the same manner and make return of their findings and appraisement the same as when the district is wholly within one county, except that a duplicate thereof shall be filed in the auditor’s office of each of the several counties. After the filing of the report of the appraisers, all further proceedings shall be the same as where the district is wholly within one county, except as otherwise provided.
[S13, §1989-a31; C24, 27, 31, 35, 39, §7609; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.11]
89 Acts, ch 126, §2
CS89, §468.280
Procedure, §468.24 et seq.
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.281 - Meetings of joint boards.

468.281 Meetings of joint boards.
The board of supervisors of any county in which a petition for the establishment of a levee or drainage district to extend into or through two or more counties is on file, may meet with the board or boards of any other county or counties in which such petition is on file, for the purpose of acting jointly with such other board or boards in reference to said petition or any business relating to such district. Any such joint meetings held in either of the counties in which such petition is on file shall constitute a valid and legal meeting of said joint boards for the transaction of any business pertaining to said petition or to the business of such district.
[S13, §1989-a37; C24, 27, 31, 35, 39, §7610; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.12]
89 Acts, ch 126, §2
CS89, §468.281
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.282 - Equalizing voting power.

468.282 Equalizing voting power.
When the boards are of unequal membership, for the purpose of equalizing their voting power each member of the smallest board shall cast a full vote and each member of a larger board shall cast such fractional part of a vote as results from dividing the smallest number by such larger number.
[S13, §1989-a29; C24, 27, 31, 35, 39, §7611; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.13]
89 Acts, ch 126, §2
CS89, §468.282
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.283 - Commissioners to classify and assess.

468.283 Commissioners to classify and assess.
If the boards of the several counties acting jointly shall establish the district, they shall appoint a commission consisting of one from each county, and in addition thereto a competent engineer who shall within twenty days begin to inspect the premises and classify the lands in said district fixing the percentages and assessments of benefits and the apportionment of costs and expenses and shall complete said work within the time fixed by the boards. The qualifications of said commissioners, their classification of lands, fixing percentages and assessments of benefits and apportionment of costs and the report thereof in all details shall be governed in all respects by the provisions of subchapter I, parts 1 through 5, for districts wholly within one county.
[S13, §1989-a32; C24, 27, 31, 35, 39, §7612; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.14]
89 Acts, ch 126, §2
CS89, §468.283
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.284 - Notice and service thereof — objections.

468.284 Notice and service thereof — objections.
Upon the filing of the report of the commissioners to classify lands, fix and assess benefits and apportion costs and expenses, the auditors of the several counties, acting jointly, shall cause notice to be served upon all interested parties of the time when and the place where the boards will meet and consider such report and make a final assessment of benefits and apportionment of costs, which notice shall be the same and served for the time and in the manner and all proceedings thereon shall be the same as provided in subchapter I, parts 1 through 5, in districts wholly within one county, except publication of notice as provided in section 468.15 shall be in each of the counties into which the district extends, and also except that said notice to be published in each of the several counties shall contain only the names of the owners of each tract of land or lot in the district located within the respective county in which said notice is to be published and the total amount of all proposed assessments on the lands located in each of the other counties into which the district extends, and except further that the objections not filed prior to the date of the hearing shall be filed with the boards at the time and place of such hearing.
[S13, §1989-a32; C24, 27, 31, 35, 39, §7613; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.15]
89 Acts, ch 126, §2
CS89, §468.284
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.285 - Levies — certificates and bonds.

468.285 Levies — certificates and bonds.
After the amount to be assessed and levied against the several tracts of land shall have been finally determined, the several boards, acting separately, and within their own counties, shall levy and collect the taxes apportioned and levied in their respective counties. They may issue warrants, improvement certificates, or bonds for the payment of the cost of such improvement within their respective counties, with the same right of landowners to pay without interest or in installments all as provided where the district is wholly within one county.
[S13, §1989-a32; C24, 27, 31, 35, 39, §7614; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.16]
89 Acts, ch 126, §2
CS89, §468.285
Referred to in §468.286
Payment, §468.56 et seq.
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.286 - Bonds or proceeds made available.

468.286 Bonds or proceeds made available.
When drainage bonds are to be issued under the provisions of section 468.285 they shall be issued at such time that they or the proceeds thereof shall be available for the use of the district at a date not later than ninety days after the actual commencement of the work on the improvement as provided in relation to districts wholly within one county.
[C24, 27, 31, 35, 39, §7615; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.17]
89 Acts, ch 126, §2
CS89, §468.286
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.287 - Supervising engineer.

468.287 Supervising engineer.
At the time of finally establishing the district, the boards of the several counties, acting jointly, shall employ a competent engineer to have charge and supervision of the construction of the improvement and they shall fix the engineer’s compensation and the engineer shall, before entering upon said work, give a bond running to the several counties for the use and benefit of the district in the same amounts and of like tenor and effect as is provided in districts wholly within one county. A duplicate of such bond shall be filed with the auditor of each of said counties.
[S13, §1989-a34; C24, 27, 31, 35, 39, §7616; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.18]
89 Acts, ch 126, §2
CS89, §468.287
Bond, §468.33
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.288 - Duty of engineer.

468.288 Duty of engineer.
The duties of the supervising engineer shall be the same in all respects as is provided by subchapter I, parts 1 through 5, for districts wholly within one county.
[S13, §1989-a34; C24, 27, 31, 35, 39, §7617; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.19]
89 Acts, ch 126, §2
CS89, §468.288
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.289 - Notice of letting work — applicable procedure.

468.289 Notice of letting work — applicable procedure.
If the boards, acting jointly, shall establish such district, the auditors of the several counties shall immediately thereafter, acting jointly, cause notice to be given of the time and place of the meeting of the boards for letting contracts for the construction of the improvement. The notices, bids, bonds, and all other proceedings in relation to letting contracts shall be the same as provided where the district is wholly within one county, but duplicates of contractors’ bonds shall be filed with the auditor of each county.
[S13, §1989-a33; C24, 27, 31, 35, 39, §7618; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.20]
89 Acts, ch 126, §2
CS89, §468.289
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.290 - Contracts.

468.290 Contracts.
All contracts made for engineering work and the work of constructing improvements of an intercounty district shall be made by written contract executed by the contractor and such person as may be authorized by the boards of the several counties and by joint resolution and shall specify the work to be done, the amount of compensation therefor and the times and manner of payment, all as provided in relation to districts wholly within one county.
[S13, §1989-a33; C24, 27, 31, 35, 39, §7619; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.21]
89 Acts, ch 126, §2
CS89, §468.290
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.291 - Monthly estimate — payment.

468.291 Monthly estimate — payment.
The engineer in charge of the work shall furnish the contractor a monthly statement estimating the amount of work done on each section and in each county. A duplicate copy of the statement shall be filed with the auditor of each county where the work is done. When the auditor files the statement, the auditor shall draw a warrant for the contractor or give the contractor an order directing the treasurer to deliver to the contractor improvement certificates or drainage bonds, as the case may be, in favor of the contractor for ninety percent of the amount due from the auditor’s county. Drainage warrants, bonds, or improvement certificates when so issued shall be in such amounts as the auditor determines, but shall not be in amounts in excess of five thousand dollars.
[S13, §1989-a34; C24, 27, 31, 35, 39, §7620; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.22]
89 Acts, ch 126, §2
CS89, §468.291
94 Acts, ch 1051, §12; 2014 Acts, ch 1022, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.292 - Final settlement.

468.292 Final settlement.
When the work to be done on any contract is completed to the satisfaction of the supervising engineer the engineer shall so report and certify to the boards of the several counties, and the auditors of the county shall fix a day to consider said report, and all the provisions shall apply in relation to objections to said report and the approval of the same and the completion of any unfinished or abandoned work as is provided in subchapter I, parts 1 through 5, relating to completion of work and final settlement in districts wholly within one county, except that, when the completed work is accepted by the joint action of the boards of supervisors of the several counties into which the district extends such acceptance shall be certified to the auditor of each county who shall draw a warrant for the contractor or give the contractor an order directing the treasurer to deliver to the contractor improvement certificates or drainage bonds, as the case may be, for the balance due from the portion of the district in such county.
[S13, §1989-a34; C24, 27, 31, 35, 39, §7621; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.23]
89 Acts, ch 126, §2
CS89, §468.292
Referred to in §468.299
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.293 - Failure of board to act.

468.293 Failure of board to act.
When the establishment of a district, extending into two or more counties, is petitioned for as provided in this part and one or more of such boards fails to take action thereon, the petitioners may cause notice in writing to be served upon the chairperson of each board demanding that action be taken upon the petition within twenty days from and after the service of such notice.
[S13, §1989-a36; C24, 27, 31, 35, 39, §7622; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.24]
89 Acts, ch 126, §2
CS89, §468.293
2020 Acts, ch 1063, §255
Referred to in §468.294
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.294 - Transfer to district court.

468.294 Transfer to district court.
If such boards shall fail to take action on the petition within the time prescribed in section 468.293, or fail to agree, the petitioners may cause the proceedings to be transferred to the district court of any of the counties into which such proposed district extends by serving notice upon the auditors of the several counties within ten days after the expiration of the twenty days’ notice, or after the failure of the boards to agree.
[S13, §1989-a36; C24, 27, 31, 35, 39, §7623; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.25]
89 Acts, ch 126, §2
CS89, §468.294
2022 Acts, ch 1021, §119
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.295 - Transcript, docket, and trial.

468.295 Transcript, docket, and trial.
Within thirty days after completion of notice, the auditor shall, acting jointly, prepare and certify to the clerk of the district court a full and complete transcript of all proceedings had in such case. The clerk of the district court shall thereupon docket the case and same shall be triable in equity at any time after the expiration of twenty days thereafter.
[S13, §1989-a36; C24, 27, 31, 35, 39, §7624; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.26]
89 Acts, ch 126, §2
CS89, §468.295
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.296 - Decree.

468.296 Decree.
The court shall enter judgment and decree dismissing the case or establishing such district and may by proper orders and writs enforce the same.
[S13, §1989-a36; C24, 27, 31, 35, 39, §7625; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.27]
89 Acts, ch 126, §2
CS89, §468.296
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.297 - Law applicable.

468.297 Law applicable.
Except as otherwise stipulated in this part the provisions and procedure set forth in subchapter I, parts 1 through 5, shall govern and apply to the formation, establishment, and conduct of every levee or drainage district extending into two or more counties, the petition therefor, the giving or publication or service of notice therein, the appointment and duties of all officers or appraisers or commissioners, the making or filing of waivers, reports, plats, profiles, recommendations, notices, contracts, and papers, the classification and apportionment and assessment of lands and all other property, the taking and hearing of appeals, the issuance and delivery of warrants, bonds and assessment certificates, the payment of taxes and assessments, the making of improvements, ditches, drains, settling basins, changes, enlargements, extensions, and repairs, the inclusion of lands, and the making or performance of every other matter or thing whatsoever relevant to or in any wise connected with such joint drainage or levee district, and the rights, privileges, and duties of all persons, landowners, officers, appellants, and courts.
[S13, §1989-a37; C24, 27, 31, 35, 39, §7626; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §457.28]
89 Acts, ch 126, §2
CS89, §468.297
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.298 - Records of intercounty districts.

468.298 Records of intercounty districts.
A record of all proceedings of an intercounty levee or drainage district shall be maintained by the auditor of each county in which a portion of the district lies, as provided by sections 468.172 and 468.173, but the records in the office of the auditor of the county having the largest acreage in the district shall be the official records of said district.
[C71, 73, 75, 77, 79, 81, §457.29]
89 Acts, ch 126, §2
CS89, §468.298
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.299 - County with largest acreage to keep funds.

468.299 County with largest acreage to keep funds.
When an intercounty district has been finally established and original construction completed and final settlement made with the contractor, as provided by section 468.292, the treasurer of the county having the largest acreage of the district shall be the depository for all funds of the district and the treasurer of the other counties in which the district is situated shall periodically, at least annually, pay over all district funds received within said period to the treasurer of the county with the largest acreage, except that funds payable on improvement certificates or bonds shall be disbursed to the holders of the certificates or bonds by the treasurer of the county in which the land encumbered is located.
[C71, 73, 75, 77, 79, 81, §457.30]
89 Acts, ch 126, §2
CS89, §468.299
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.305 - Intracounty districts converted into intercounty district.

468.305 Intracounty districts converted into intercounty district.
Whenever one or more drainage districts in one county outlet into a ditch, drain, or natural watercourse, which ditch, drain, or natural watercourse is the common carrying outlet for one or more drainage districts in another county, the boards of supervisors of such counties acting jointly may by resolution, and on petition of the trustees of any one of such districts or one or more landowners therein, in either case such petition to be accompanied by a bond as provided in section 468.270, must initiate proceedings for the establishment of an intercounty drainage district by appointing commissioners as provided in section 468.271 and by requiring a bond as provided in section 468.270 and by proceeding as provided by subchapter II, part 1, and all powers, duties, limitations, and provisions of this part and subchapter II, part 1, shall be applicable thereto.
[C27, 31, 35, §7626-a1; C39, §7626.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §458.1]
89 Acts, ch 126, §2
CS89, §468.305
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.306 - Benefited land only included.

468.306 Benefited land only included.
Neither any land nor any previously organized drainage district shall be included within, or assessed for, the proposed new intercounty district unless such land or unless such previously organized district shall receive special benefits from the improvements in the proposed new intercounty district.
[C27, 31, 35, §7626-a2; C39, §7626.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §458.2]
89 Acts, ch 126, §2
CS89, §468.306
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.307 - Appeal by landowner.

468.307 Appeal by landowner.
Any landowner affected by the establishment of the new intercounty district may appeal to the district court of the county where the owner’s land lies from the action of the joint boards in establishing the new district or in including the owner’s land within it.
[C27, 31, 35, §7626-a3; C39, §7626.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §458.3]
89 Acts, ch 126, §2
CS89, §468.307
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.308 - Procedure on appeal.

468.308 Procedure on appeal.
The procedure for taking such appeal and for hearing and determining it shall be that provided for similar appeals in subchapter I, parts 1 through 5.
[C27, 31, 35, §7626-a4; C39, §7626.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §458.4]
89 Acts, ch 126, §2
CS89, §468.308
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.309 - Appeal by trustees or boards.

468.309 Appeal by trustees or boards.
Trustees or boards of supervisors having charge of any previously organized district which is proposed to be included either in whole or in part within the new intercounty district may, in the same manner and under the same procedure, appeal to the district court from the action of the joint boards in establishing the new district or in including therein the previously organized district or any part thereof.
[C27, 31, 35, §7626-a5; C39, §7626.5; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §458.5]
89 Acts, ch 126, §2
CS89, §468.309
2013 Acts, ch 30, §111
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.315 - Authority to include city.

468.315 Authority to include city.
A county board of supervisors has the same power to establish a drainage or levee district that includes the whole or any part of a city as the county board does to establish a district located wholly outside a city, including providing for the assessment of damages and benefits within a city. However, a county board of supervisors shall not do any of the following:
1. Establish a drainage or levee district located wholly within the corporate limits of a city, unless the city consents by resolution adopted by its city council.
2. Establish a district for sanitary sewer purposes.
[S13, §1989-a38; C24, 27, 31, 35, 39, §7627; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §459.1]
89 Acts, ch 126, §2
CS89, §468.315
2004 Acts, ch 1075, §1, 2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.316 - Inclusion of city — notice.

468.316 Inclusion of city — notice.
Notice of the filing of the petition for such district and the time of hearing thereon, shall set forth the boundaries of the territory included within such city and directed to the city clerk and the owners and lienholders of the property within such boundaries without naming individuals, to be served in the same manner as notices where the district is wholly outside of such city.
[S13, §1989-a38; C24, 27, 31, 35, 39, §7628; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §459.2]
89 Acts, ch 126, §2
CS89, §468.316
Service of notice, §468.15 et seq.
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.317 - Assessments — notice.

468.317 Assessments — notice.
When the streets, alleys, public ways, or parks or lots or parcels including railroad rights-of-way of any city, or city under special charter, so included within a levee or drainage district, will be beneficially affected by the construction of any improvement in such district, it shall be the duty of the commissioners appointed to classify and assess benefits to estimate and return in their report the percentage and assessment of benefits to such streets, alleys, public ways, and parks, or lots or parcels including railroad rights-of-way and notice thereof shall be served upon the clerk of such city, irrespective of the form of government, and upon owners of lots, parcels, and railroad rights-of-way so assessed.
[S13, §1989-a38; C24, 27, 31, 35, 39, §7629; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §459.3]
89 Acts, ch 126, §2
CS89, §468.317
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.318 - Objections — appeal.

468.318 Objections — appeal.
The council or clerk of such city or individual owners may file objections to such percentage and assessment of benefits in the time and manner provided in case of landowners outside such city, and they shall have the same right to appeal from the finding of the board with reference to such assessment.
[S13, §1989-a38; C24, 27, 31, 35, 39, §7630; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §459.4]
89 Acts, ch 126, §2
CS89, §468.318
Objections, §468.45; appeals, §468.83 et seq.
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.319 - Assessments — interest.

468.319 Assessments — interest.
Such assessment as finally made shall draw interest at the same rate and from the same time as assessment against lands.
[S13, §1989-a38; C24, 27, 31, 35, 39, §7631; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §459.5]
89 Acts, ch 126, §2
CS89, §468.319
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.320 - Bonds, certificates, and waivers.

468.320 Bonds, certificates, and waivers.
The board of supervisors and the city council shall have the same power in reference to issuing improvement certificates or drainage bonds and executing waivers on account of such assessment for benefits to streets, alleys, public ways, parks, and other lands as is herein conferred upon the board of supervisors in reference to assessment for benefits to highways.
[S13, §1989-a38; C24, 27, 31, 35, 39, §7632; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §459.6]
89 Acts, ch 126, §2
CS89, §468.320
Certificates and bonds, §468.70 et seq.
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.321 - Funding bonds.

468.321 Funding bonds.
Such cities may issue their funding bonds for the purpose of securing money to pay any assessment against it as provided by law.
[C24, 27, 31, 35, 39, §7633; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §459.7]
89 Acts, ch 126, §2
CS89, §468.321
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.322 - Jurisdiction relinquished.

468.322 Jurisdiction relinquished.
If the board of supervisors of any county at any time finds that twenty-five percent or more of the total area of any established drainage district is located within the corporate limits of any city, that the district’s drains are wholly or partially constructed of sewer tile, and that the district’s drain or drains are needed or being used by the city for storm sewer or drainage purposes, the board may by resolution transfer to the city control of the entire drainage district, including the portion outside the corporate limits of the city.
[C24, 27, 31, 35, 39, §7634; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §459.8]
89 Acts, ch 126, §2
CS89, §468.322
Referred to in §468.323
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.323 - Request for relinquishment.

468.323 Request for relinquishment.
When a county board of supervisors elects to transfer control of a drainage district to a city, as provided in section 468.322, the resolution effecting the transfer shall state a time not less than thirty nor more than ninety days after adoption of the resolution when the transfer of control shall take effect. The resolution shall be certified to the governing body of the city and a copy thereof filed by the county auditor, who shall spread the same upon the records of the drainage district.
[C24, 27, 31, 35, 39, §7635; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §459.9]
89 Acts, ch 126, §2
CS89, §468.323
Referred to in §468.324
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.324 - Duty to accept.

468.324 Duty to accept.
It shall be the duty of the governing body of any city to accept control of and thereafter to administer a drainage district properly transferred to the city, commencing on the date specified in the resolution of the county board of supervisors certified to the governing body as provided in section 468.323, or at such later date as may be agreed to by the county board upon request of the governing body.
[C24, 27, 31, 35, 39, §7636; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §459.10]
89 Acts, ch 126, §2
CS89, §468.324
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.325 - Jurisdiction of municipality.

468.325 Jurisdiction of municipality.
After the drainage district has been taken over by the city, it shall have complete control thereof, and may use the same for any purpose that said city through its city council deems proper and necessary for the advancement of the city or its health or welfare, and the city shall be responsible for the maintenance and upkeep of said drainage district only from and after its relinquishment by the board of supervisors to the city.
[C24, 27, 31, 35, 39, §7637; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §459.11]
89 Acts, ch 126, §2
CS89, §468.325
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.326 - City council to control district.

468.326 City council to control district.
The council of any city acting under the provisions of this part shall have control, supervision and management of the district, and shall be vested with all of the powers which are now or may hereafter be conferred on the board of supervisors for the control, supervision and management of drainage districts under the laws of this state within the said district unless otherwise specifically provided.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §459.12]
89 Acts, ch 126, §2
CS89, §468.326