§ 468.201 — Plan of improvement

Iowa § 468.201

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 468: LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS

Text

1. Whenever the government of the United States acting through its proper agencies or
instrumentalities will undertake the original construction of improvements or the repair or
alteration of existing improvements which will accomplish the purposes for which the district
was established or aid in the accomplishment thereof and shall cause to be filed in the office
of the auditor of the county in which said district is located a plan of such improvement
or for the repair or alteration of existing improvements, the board shall have jurisdiction,
power and authority, upon the notice, hearing and determination hereinafter provided, to
adopt such plan of improvement or of repair or alteration of existing improvements and to
provide necessary right-of-way therefor; and to pay such portion of all costs and damages
incident to the adoption of such plan, the construction thereunder and the maintenance and
operation of the works as will not be discharged by the federal government under legislation
existing at the time of adoption; also to enter into such agreements with the United States
government as may be necessary to meet federal requirements including the taking over,
repair and maintenance of the works and to perform under such agreements.
2. If the cost to the district of the repair or alteration of existing improvements
contemplated by this section does not exceed twenty-five percent of the sum of the
original cost to the district and the cost of subsequent improvements, including all federal
contributions, the board may proceed under the provisions of section 468.126, without
notice and hearing, and without appraisement as contemplated by section 468.210, but the
remaining provisions of this section and sections 468.202 through 468.216 that are not in
conflict with section 468.126 shall remain applicable.
3. If the federal program divides a project into separate phases, each phase shall be
considered a separate program as described in section 468.126, subsection 4, and shall in
no event be construed as an unauthorized division into separate programs to avoid the

twenty-five percent limitation prescribed for making improvements under said section
468.126, subsection 4, without notice and hearing.

Legislative History

[C50, 54, 58, 62, 66, §455.201; C71, 73, 75, 77, 79, 81, §455.202]