Title XVI — CONSERVATION, RESOURCES AND DEVELOPMENT

257.020. Definitions. — Unless the context requires otherwise, as used in this chapter the following terms mean: (1) "Court", the circuit court wherein the petition for the organization of the district was filed and granted; (2) "Person", person, firm, copartnership, association …

257.030. Organization — proceedings in circuit court — disqualification of judge. — 1. Jurisdiction over proceedings for the organization of a river basin conservancy district lies with the circuit court of the county in which more of the lands of the proposed district are situat…

257.040. Petition for organization, number of signers, contents — consolidation of petitions. — 1. To initiate proceedings for establishing a river basin conservancy district, a petition shall be filed in the office of the clerk of the court, the petitioners to be residents, and …

257.050. Bond for expenses. — At the time of filing the petition, or at any time subsequent thereto and prior to the time of publication of notice of the hearing thereon, a bond shall be filed, with security approved by the court, sufficient to pay the expenses connected with the…

257.060. Secondary or tributary drainage area, recommendation of state agency. — When the petition proposes the organization of a district for a river basin which is a secondary drainage basin, a tributary drainage area, or an unnamed drainage area, the court shall proceed as fol…

257.070. Survey of district made, when — notice, objections, disposition — order of court, appeal. — 1. If the court finds the petition worthy it shall appoint a surveyor to determine the boundaries of the river basin and such other related boundaries that the court deems necessa…

257.080. Election district commission, creation, how composed — functions — expenses paid, how. — 1. Upon entering the order organizing the district, the court shall establish an election district commission composed of the county clerks of the several counties or parts thereof i…

257.090. Court to call election — contents of call. — 1. Upon designation of the election districts the court shall call for the referendum and board election accordingly. 2. The call for the referendum and first board election shall specify also at least the following: (1) The p…

257.100. Form of ballot. — The question shall be submitted in substantially the following form: Shall a ______ Conservancy District be established? ­­-------- (L. 1959 S.B. 199 § 10, A.L. 1978 H.B. 971)

257.110. Vote required to approve district. — A majority vote of those voting in the referendum shall constitute approval of establishment of the district. ­­-------- (L. 1959 S.B. 199 § 11, A.L. 1978 H.B. 971)

257.120. Costs, how paid and taxed, counties reimbursed, when. — Upon a vote approving the establishment of the district, the court shall order payment of the official costs of the proceedings, including the costs of election. The costs shall be paid out of the contingent funds o…

[Repealed or reserved.]

257.140. Order establishing district not subject to collateral attack, when — contest of vote authorized. — Whenever an order is entered establishing the district, the order shall finally and conclusively establish the regular organization and establishment of the district agains…

257.150. Copies of decree recorded, where, sent to agency designated by governor. — Within thirty days after the district has been declared a corporation by the court, the clerk of the court shall take the following action: (1) Transmit to the secretary of state copies of the fin…

257.160. Regular elections of trustees, when held — number of trustees, how selected, terms, qualifications, vacancies filled, how — removal. — 1. The time for election of trustees of the board of the conservancy district shall be on primary election days, except as provided here…

257.170. Election of trustees, procedure. — 1. Candidates for election to the board of trustees shall file their declarations of candidacy with the secretary of the board of trustees or in the case of the first election, the filing shall be in like manner with the secretary of th…

257.180. Oath of trustees — organization — seal, records, meetings, quorum. — 1. Each trustee, before entering upon his official duties, shall take and subscribe to an oath before a suitable officer that he will honestly, faithfully and impartially perform the duties of his offic…

257.190. Secretary, duties — chief engineer and employees, duties, compensation — bonds — compensation of trustees — audits. — 1. The secretary shall be the custodian of the records of the district and of its corporate seal and shall assist the board in such particulars as it may…

257.200. Powers of board, limits. — 1. In order to accomplish the purposes of the conservancy district, the board of trustees may: (1) Sue and be sued by its corporate name. (2) Clean out, straighten, widen, alter, deepen or change the course or terminus of any ditch, drain, sewe…

257.210. Board and agents may enter lands for surveys — interference, penalty. — The board of trustees of a district, or their employees or agents, including contractors and their employees, may enter upon lands or premises within or without the district in order to make surveys …

257.220. Condemnation of land by board. — The board may condemn for the use of the district, any land or property within the district not previously acquired or condemned by order or judgment of the court, according to the procedure provided by law for the appropriation of land o…

257.230. Cemetery lands, procedure on taking or damaging. — Whenever it is necessary for the purposes of a district to take or damage any cemetery, the district shall appraise the cost of such taking or easement in the same manner as appraisals are made for other property. The bo…

257.240. Board to make regulations, violation, misdemeanor, enforcement by civil process. — 1. In order to secure the best results from the execution and operation of the plans and facilities of the district, the board of trustees, after due publication and public hearings, and s…

257.250. Contracts, procedure for letting — concessions, how granted. — Whenever the board of trustees lets contracts for necessary works or concessions, it shall be governed as follows: (1) Contracts let for necessary works may be either as a whole or in parts, except that for w…

257.260. Concessions to be reappraised each twenty years. — Assignments, leases or permissions by the board of trustees for periods of greater than twenty years, shall have the rates therefor reappraised or redetermined by the board every twenty years. ­­-------- (L. 1959 S.B. 19…

257.270. Board to employ guards to enforce regulations, powers. — The board of trustees may appoint and maintain from time to time such lifeguards or other guards as it may find necessary to patrol the waters and protect the property of the district and enforce regulations of the…

257.280. Use resulting in damage prevented — liability — willful damage, penalty — local option as to stock law unchanged. — 1. The board may at any time prevent persons, vessels or vehicles from using, passing over or through such property, works, or facilities of the district i…

257.290. Plans of district, adoption, state agency designated by governor to approve. — 1. After its organization the board shall proceed without delay, and from time to time as needed, to prepare or cause to be prepared broad general plans, or detailed parts thereof, for the pur…

257.300. Preliminary plan, notice — objections, adoption — objections to official plan, trial by court order — state agency to be informed. — 1. When the preliminary plan is completed by the designated state agency, the board shall cause notice by publication to be given in each …

257.310. Creation of district for primary drainage basin including previously formed district, procedure — establishment of subdistricts — officers, employees, powers — disincorporation of such district. — 1. Where any conservancy district is organized and established within a pr…

257.320. Existing improvement districts not deprived of rights — cooperative contracts — approval of future plans. — 1. Nothing in this chapter shall be so construed as to deprive any present levee, drainage, flood prevention, bank protection, sewer or other special soil or water…

257.330. Funds of district, how kept — cost of plans, how paid — use of surplus. — 1. The moneys of every conservancy district organized hereunder shall consist of five separate funds: (1) Preliminary fund, which shall include the proceeds of the organization tax authorized by th…

257.340. Use of money received as aid from public agency. — 1. The board of trustees, in accepting financial aid from the United States government, the state, any public corporation or any person for the purposes of the district, shall place the funds in the aid fund, to be expen…

257.350. Organization tax — pledge of anticipated revenues. — 1. As soon as any district is organized under this chapter, and a board of trustees is selected and qualified, all tangible property in the district may be taxed not to exceed one mill on each dollar of the assessed va…

257.360. Levy and collection of taxes generally, rates — increase to be voted at election, limit. — 1. The county clerk of each county within the district shall certify to the secretary of the board of trustees the total assessed valuation of all taxable tangible property lying w…

257.370. General obligation bonds authorized, limits, terms, form — election required — vote required — levy and collection of tax to pay. — 1. The board of trustees of any river basin conservancy district may issue general obligation bonds for and on behalf of the district for t…

257.380. Form of ballot. — The ballots of a conservancy district election held upon the question of issuing bonds shall be in substantially the following form: Shall the ______ Conservancy District issue bonds in the amount of ______ dollars for the purpose of ______? ­­-------- …

257.390. Public sale of bonds, minimum price — use of proceeds. — The board of trustees on behalf of the district shall sell its bonds to the best advantage at public sale on sealed bids but for no less than ninety-five cents on the dollar and the proceeds shall be paid over to t…

257.400. Tax lien not affected by disincorporation or failure of action — enforcement. — 1. In the event of the disincorporation of any conservancy district pursuant to the provisions of this chapter, the disincorporation shall not affect the lien of any tax imposed pursuant to t…

257.410. Failure to collect taxes, penalty. — Any collector of revenue or other person entrusted with the collection of taxes who refuses, fails or neglects to make prompt payment of the same or any part thereof collected under this chapter to the treasurer of the district upon h…

257.430. Profiting by officer from district contracts or moneys, penalty — liability. — The making of profit, directly or indirectly, by any officer of any district organized under this chapter, or by any other public officer within the state, out of any contracts entered into by…

257.440. Performance of duties compelled by mandamus. — The performance of all duties prescribed in this chapter concerning the organization, administration and operation of the district may be enforced against any officer or against any person or public corporation refusing to c…

257.450. Disincorporation, procedure — approval at election — appointment of receiver, duties. — 1. Disincorporation of a conservancy district may be accomplished by a vote therefor on the submission of the question to the voters of the district. The submission is initiated as fo…

257.460. Defective notice of any proceeding, effect. — In any case of a proceeding before the court where a notice is provided for in this chapter, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding i…

257.470. District liable for negligence. — Any district organized under the provisions of this chapter shall be liable for damages as a result of negligence of the district. ­­-------- (L. 1959 S.B. 199 § 47)

257.480. Law not applicable to metropolitan areas. — The provisions of this chapter shall not apply to any city having four hundred fifty thousand or more inhabitants, nor any county containing a city having four hundred fifty thousand or more inhabitants. ­­-------- (L. 1959 S.B…

257.490. Liberal construction required. — This chapter being necessary for securing the public health, safety, convenience and welfare shall be liberally construed to effect the control, conservation and utilization of the resources of this state. ­­-------- (L. 1959 S.B. 199 § 4…