Iowa Code 468.263 – General
Current as of: 2023 | Check for updates
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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.
Terms Used In Iowa Code 468.263
- district: means a district defined by a county and one or more cities within the county pursuant to an agreement entered into by the county and cities in accordance with chapter 28E and this part with respect to drainage improvements which the county and cities determine benefit the property located in the cities and the designated unincorporated area of the county. See Iowa Code 468.585
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- levee: shall be construed to include, in addition to its ordinary and accepted meaning, embankments, revetments, retards, or any other approved system of construction which may be deemed necessary to adequately protect the banks of any river or stream, within or adjacent to any county, from wash, cutting, or erosion. See Iowa Code 468.3
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.