Text: H03776 Text: H03778 Text: H03700 - H03799 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 222 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 "Section 1. NEW SECTION. 358C.1 DEFINITIONS.
1 5 As used in this chapter, unless the context
1 6 otherwise requires:
1 7 1. "Board" means the board of trustees of a real
1 8 estate improvement district.
1 9 2. "Construction" includes materials, labor, acts,
1 10 operations, and services necessary to complete a
1 11 public improvement.
1 12 3. "Cost" of a public improvement includes the
1 13 cost of engineering, preliminary reports, property
1 14 valuations, estimates, plans, specifications, notices,
1 15 legal services, acquisition of land, consequential
1 16 damages, easements, rights-of-way, construction,
1 17 repair, supervision, inspection, testing, notices and
1 18 publication, interest during construction and for not
1 19 more than six months thereafter, and printing and sale
1 20 of bonds.
1 21 4. "District" means a real estate improvement
1 22 district as created in this chapter.
1 23 5. "Public improvement" includes the principal
1 24 structures, works, component parts, and accessories of
1 25 the facilities or systems specified in section 358C.3.
1 26 6. "Repair" includes materials, labor, acts,
1 27 operations, and services necessary for the
1 28 reconstruction, reconstruction by widening, or
1 29 resurfacing of a public improvement.
1 30 Sec. 2. NEW SECTION. 358C.2 REAL ESTATE
1 31 IMPROVEMENT DISTRICT CREATED.
1 32 1. A majority of the owners having an interest in
1 33 the real property within the limits of a proposed
1 34 district may file a petition in the office of county
1 35 auditor of the county in which the proposed district
1 36 or major part of the proposed district is located,
1 37 requesting that the question be submitted to the
1 38 registered voters of the proposed district of whether
1 39 the territory within the boundaries of the proposed
1 40 district shall be organized as a real estate
1 41 improvement district as provided in this chapter.
1 42 Areas of contiguous and noncontiguous territory may be
1 43 incorporated within a district. The petition shall be
1 44 addressed to the board of supervisors if all or part
1 45 of the proposed district includes territory located
1 46 outside the boundaries of a city, shall be submitted
1 47 to and approved by the board of supervisors before it
1 48 is filed with the county auditor, and shall set forth
1 49 the following information:
1 50 a. The name of the district.
2 1 b. The district shall have perpetual existence.
2 2 c. The boundaries of the district.
2 3 d. The names and addresses of the owners of land
2 4 in the proposed district.
2 5 e. The description of the tracts of land situated
2 6 in the proposed district owned by those persons who
2 7 may organize the district.
2 8 f. The names and descriptions of the real estate
2 9 owned by the persons who do not join in the
2 10 organization of the district, but who will be
2 11 benefited by the district.
2 12 g. A listing of one or more of the district
2 13 improvements specified in section 358C.3 which will be
2 14 carried out by the district.
2 15 h. The owners of real estate in the proposed
2 16 district that are unknown may also be set out in the
2 17 petition as being unknown.
2 18 i. That the establishment of the proposed district
2 19 will be conducive to the public health, comfort,
2 20 convenience, and welfare.
2 21 2. The petition shall also state that the owners
2 22 of real estate who are forming the proposed district
2 23 are willing to pay the taxes which may be levied
2 24 against all of the property in the proposed district
2 25 and special assessments against the real property
2 26 benefited which may be assessed against them to pay
2 27 the costs necessary to carry out the purposes of the
2 28 district.
2 29 3. The petition shall also state whether or not
2 30 owners of real estate who are forming the proposed
2 31 district shall waive any objections to a subsequent
2 32 annexation by a city if the district has issued bonds
2 33 or obligations for public improvements within the
2 34 district and the annexing city assumes those
2 35 obligations.
2 36 4. The petition shall propose the names of five or
2 37 more trustees who shall be owners of real estate in
2 38 the proposed district, to serve as a board of trustees
2 39 until their successors are elected and qualified if
2 40 the district is organized. The board of trustees
2 41 shall only carry out those purposes which are
2 42 authorized in this chapter and listed in the petition.
2 43 5. If the proposed district includes real estate
2 44 located in whole or in part within the boundaries of a
2 45 city, the petition shall be submitted to and approved
2 46 by the city council before it is filed with the county
2 47 auditor as provided in subsection 1. If a petition
2 48 includes a proposed district located solely within the
2 49 boundaries of a city, the petition is not subject to
2 50 action by the board of supervisors except for the
3 1 purpose of selecting the initial trustees and setting
3 2 the election date to finally organize the district.
3 3 6. A proposed district shall be created only from
3 4 parcels of land within the boundaries of a city, on
3 5 parcels of land within two miles of the boundaries of
3 6 a city, or on parcels of land from both locations.
3 7 Sec. 3. NEW SECTION. 358C.3 PUBLIC IMPROVEMENTS
3 8 AUTHORIZED.
3 9 1. A district may acquire, construct, reconstruct,
3 10 install, maintain, and repair any of the public
3 11 improvements listed in subsection 2.
3 12 2. A public improvement includes the principal
3 13 structures, works, component parts, and accessories of
3 14 any of the following:
3 15 a. Underground gas, water, heating, sewer, and
3 16 electrical connections located in streets for private
3 17 property.
3 18 b. Sanitary, storm, and combined sewers.
3 19 c. Waterworks, water mains, and extensions.
3 20 d. Emergency warning systems.
3 21 e. Sidewalks and pedestrian underpasses or
3 22 overpasses.
3 23 f. Drainage conduits, dikes, and levees for flood
3 24 protection.
3 25 g. Public waterways, docks, and wharfs.
3 26 h. Public parks, playgrounds, and recreational
3 27 facilities.
3 28 i. Street grading, paving, graveling,
3 29 macadamizing, curbing, guttering, and surfacing with
3 30 oil and gravel or chloride.
3 31 j. Drives and driveway approaches located within
3 32 the public right-of-way.
3 33 k. Street lighting fixtures, connections, and
3 34 facilities.
3 35 l. Sewage pumping stations and disposal and
3 36 treatment plants.
3 37 m. Traffic control devices, fixtures, connections,
3 38 and facilities.
3 39 n. Public roads, streets, and alleys.
3 40 Sec. 4. NEW SECTION. 358C.4 DATE AND NOTICE OF
3 41 HEARING.
3 42 1. The board of supervisors to which the petition
3 43 is addressed, at its next meeting, shall set the time
3 44 and place for a hearing on the petition. The board
3 45 shall direct the county auditor in whose office the
3 46 petition is filed to cause notice to be given to all
3 47 persons whom it may concern, without naming them, of
3 48 the pendency and content of the petition, by
3 49 publication of a notice as provided in section
3 50 331.305. Proof of giving the notice shall be made by
4 1 affidavit of the publisher and the proof shall be on
4 2 file with the county auditor at the time the hearing
4 3 begins. The notice of hearing shall be directed to
4 4 all persons it may concern, and shall state:
4 5 a. That a petition has been filed with the county
4 6 auditor of the county, naming it, for establishment of
4 7 a proposed district, and the name of the proposed
4 8 district.
4 9 b. An intelligible description of the boundaries
4 10 of the territory to be embraced in the district.
4 11 c. The date, hour, and the place where the
4 12 petition will be brought for hearing before the board
4 13 of supervisors of the named county.
4 14 d. That the board of supervisors will fix and
4 15 determine the boundaries of the proposed district as
4 16 described in the petition or otherwise, and for that
4 17 purpose may alter and amend the petition. At the
4 18 hearing all interested persons shall have an
4 19 opportunity to be heard on the location and boundaries
4 20 of the proposed district and to make suggestions
4 21 regarding the location and boundaries.
4 22 2. For a district which does not include land
4 23 within a city, copy of the notice shall also be sent
4 24 by mail to each owner, without naming them, of each
4 25 tract of land or lot within the proposed district as
4 26 shown by the transfer books of the auditor's office.
4 27 The mailings shall be to the last known mailing
4 28 address unless there is on file an affidavit of the
4 29 auditor or of a person designated by the board to make
4 30 the necessary investigation, stating that a mailing
4 31 address is not known and that diligent inquiry has
4 32 been made to ascertain it. The copy of notice shall
4 33 be mailed no less than twenty days before the day set
4 34 for hearing and proof of service shall be by affidavit
4 35 of the auditor. The proofs of service required by
4 36 this subsection shall be on file at the time the
4 37 hearing begins.
4 38 3. In lieu of the mailing to the last known
4 39 address a person owning land affected by a proposed
4 40 district may file with the county auditor an
4 41 instrument in writing designating the address for the
4 42 mailing. This designation when filed is effective for
4 43 five years and applies to all proceedings under this
4 44 chapter. The person making the designation may change
4 45 the address in the same manner as the original
4 46 designation is made.
4 47 4. In lieu of publication, personal service of the
4 48 notice may be made upon an owner of land in the
4 49 proposed district in the manner and for the time
4 50 required for service of original notices in the
5 1 district court. Proof of the service shall be on file
5 2 with the auditor on the date of the hearing.
5 3 Sec. 5. NEW SECTION. 358C.5 HEARING OF PETITION
5 4 AND ORDER.
5 5 The board of supervisors to whom the petition is
5 6 addressed shall preside at the hearing provided for in
5 7 section 358C.4 and shall continue the hearing in
5 8 session, with adjournments from day to day, if
5 9 necessary, until completed, without being required to
5 10 give any further notice of the hearing. Proof of the
5 11 residences and qualifications of the petitioners as
5 12 registered voters shall be made by affidavit or
5 13 otherwise as the board may direct. The board may
5 14 consider the boundaries of a proposed district,
5 15 whether the boundaries are described in the petition
5 16 or otherwise, and for that purpose may alter and amend
5 17 the petition and limit or change the boundaries of the
5 18 proposed district as stated in the petition. The
5 19 board shall adjust the boundaries of a proposed
5 20 district as needed to exclude land that has no
5 21 reasonable likelihood of benefit from inclusion in the
5 22 proposed district. The boundaries of a proposed
5 23 district shall not be changed to incorporate property
5 24 not included in the original petition and published
5 25 notice until the owner of the property is given notice
5 26 of inclusion as on the original hearing. All persons
5 27 in the proposed district shall have an opportunity to
5 28 be heard regarding the location and boundaries of the
5 29 proposed district and to make suggestions regarding
5 30 the location and boundaries, and the board of
5 31 supervisors, after hearing the statements, evidence,
5 32 and suggestions made and offered at the hearing, shall
5 33 enter an order fixing and determining the limits and
5 34 boundaries of the proposed district and whether or not
5 35 all present and future property owners within the
5 36 district have waived any objections to the annexation
5 37 by a city if the district has issued obligations or
5 38 bonds for public improvement and the city assumes
5 39 those obligations, and directing that an election be
5 40 held for the purpose of submitting to the registered
5 41 voters owning land within the boundaries of the
5 42 proposed district the question of organization and
5 43 establishment of the proposed district as determined
5 44 by the board of supervisors. The order shall fix a
5 45 date for the election not more than sixty days after
5 46 the date of the order.
5 47 Sec. 6. NEW SECTION. 358C.6 NOTICE OF ELECTION.
5 48 In its order for the election the board of
5 49 supervisors shall direct the county commissioner of
5 50 elections of the county in which the petition is filed
6 1 to cause notice of the election to be given at least
6 2 thirty days before the date of election by publication
6 3 of the notice as provided in section 331.305. The
6 4 notice shall state the time and place of holding the
6 5 election and the hours when the polls will open and
6 6 close, the purpose of the election, with the name of
6 7 the proposed district and a description of the
6 8 boundaries of the proposed district, and shall set
6 9 forth briefly the limits of each voting precinct and
6 10 the location of the polling places. Proof of
6 11 publication shall be made in the manner provided in
6 12 section 358C.4 and filed with the county auditor.
6 13 Sec. 7. NEW SECTION. 358C.7 ELECTION.
6 14 1. Each registered voter resident within the
6 15 proposed district shall have the right to cast a
6 16 ballot at the election and a person shall not vote in
6 17 any precinct but that of the person's residence.
6 18 Ballots at the election shall be in substantially the
6 19 following form, to wit:
6 20 For Real Estate Improvement District
6 21 Against Real Estate Improvement District
6 22 2. The board of supervisors shall cause a
6 23 statement of the result of the election to be included
6 24 in the records of the county auditor. If a majority
6 25 of the votes cast upon the question of incorporation
6 26 of the proposed district shall be in favor of the
6 27 proposed district, the proposed district shall be
6 28 deemed an organized real estate improvement district
6 29 under this chapter and established as conducive to the
6 30 public health, comfort, convenience, and welfare.
6 31 3. In the event the petition and order provide
6 32 that any present or future owner of property within
6 33 the district waives objection to annexation if the
6 34 district has issued obligations or bonds for a public
6 35 improvement and the annexing city assumes those
6 36 obligations, the board of supervisors shall file a
6 37 certified declaration of that provision and a legal
6 38 description of all real estate in the district with
6 39 the county recorder in each county in which the
6 40 district is located.
6 41 Sec. 8. NEW SECTION. 358C.8 EXPENSES AND COSTS
6 42 OF ELECTION.
6 43 The election held pursuant to this chapter shall be
6 44 conducted by the county commissioner of elections.
6 45 All expenses incurred in carrying out the preceding
6 46 sections of this chapter, and the costs of the
6 47 election, as determined by the county commissioner of
6 48 elections, shall be paid by those who will be
6 49 benefited by the proposed district. If the district
6 50 is not established, the expenses and costs shall be
7 1 collected upon the bonds of the petitioners.
7 2 Sec. 9. NEW SECTION. 358C.9 SELECTION OF
7 3 TRUSTEES &endash; TERM OF OFFICE.
7 4 1. At the election provided for in section 358C.7,
7 5 the names of candidates for trustee of the district
7 6 shall be submitted to the registered voters, and the
7 7 board of supervisors which had jurisdiction of the
7 8 proceedings for establishment of the district,
7 9 together with the board of supervisors of any other
7 10 county in which any part of the district is located,
7 11 shall appoint five trustees from among the five or
7 12 more persons receiving the greatest number of votes as
7 13 trustees of the district. One of the trustees shall
7 14 be designated to serve a term expiring on the first
7 15 day of January which is not a Sunday or legal holiday
7 16 following the next general election, two to serve a
7 17 term expiring on the first day of January which is not
7 18 a Sunday or legal holiday two years later, and two to
7 19 serve a term expiring on the first day of January
7 20 which is not a Sunday or legal holiday four years
7 21 later. Thereafter, each term shall be for a term of
7 22 years established by the board of supervisors, not
7 23 less than three years or more than six years.
7 24 Successors to trustees shall be elected by special
7 25 election or at a special meeting of the board of
7 26 trustees called for that purpose. For each special
7 27 election called after the initial election, a
7 28 candidate for office of trustee shall be nominated by
7 29 a personal affidavit of the candidate or by petition
7 30 of at least ten registered voters of the district and
7 31 the candidate's personal affidavit, which shall be
7 32 filed with the county commissioner of elections at
7 33 least twenty-five days before the date of the
7 34 election. The form of the candidate's affidavit shall
7 35 be substantially the same as provided in section 45.3.
7 36 2. Vacancies in the office of trustee of a
7 37 district shall be filled by the remaining members of
7 38 the board for the period until a successor is chosen
7 39 in the manner prescribed by this section or by section
7 40 69.12, whichever is applicable.
7 41 3. In lieu of a special election, successors to
7 42 trustees shall be elected at a special meeting of the
7 43 board of trustees called for that purpose. Upon its
7 44 own motion, the board of trustees may, or upon
7 45 petition of landowners owning more than fifty percent
7 46 of the total land in the district, shall, call a
7 47 special meeting of the residents of the district to
7 48 elect successors to trustees of the board. Notice of
7 49 the meeting shall be given at least ten days before
7 50 the date of the meeting by publication of the notice
8 1 in a newspaper of general circulation in the district.
8 2 The notice shall state the date, times, and location
8 3 of the meeting and that the meeting is called for the
8 4 purpose of electing one or more trustees to the board.
8 5 Sec. 10. NEW SECTION. 358C.10 TRUSTEE'S BOND.
8 6 Each trustee, before entering upon the duties of
8 7 office, shall execute a bond payable to the district,
8 8 with security to be approved by the board of
8 9 supervisors which had jurisdiction of the petition for
8 10 establishment of the district, in such form and amount
8 11 as the board of supervisors may determine, which bond
8 12 shall be filed with the county auditor of the county.
8 13 Sec. 11. NEW SECTION. 358C.11 REAL ESTATE
8 14 IMPROVEMENT DISTRICT TO BE A BODY CORPORATE &endash; EMINENT
8 15 DOMAIN.
8 16 1. Each district organized under this chapter
8 17 shall be a body corporate and politic, with the name
8 18 and style under which it was organized, and by that
8 19 name and style may sue and be sued, contract and be
8 20 contracted with, acquire and hold real and personal
8 21 property necessary for corporate purposes, adopt a
8 22 corporate seal and alter the same at pleasure, and
8 23 exercise all the powers conferred in this chapter.
8 24 2. All courts of this state shall take judicial
8 25 notice of the existence of real estate improvement
8 26 districts organized under this chapter.
8 27 3. A district shall not own or hold land in excess
8 28 of ten acres unless the land is actually used for a
8 29 public purpose within three years of its acquisition.
8 30 A district which owns or holds land in excess of ten
8 31 acres for more than three years without devoting it to
8 32 a public purpose as provided in this chapter shall
8 33 divest itself of the land by public auction to the
8 34 highest bidder.
8 35 4. A district may acquire by purchase,
8 36 condemnation, or gift, real or personal property,
8 37 right-of-way, and easement within or without its
8 38 corporate limits necessary for its corporate purposes
8 39 specified in section 358C.3.
8 40 5. If the board of trustees of the district decide
8 41 to make a public improvement pursuant to this chapter
8 42 which requires that private property be taken or
8 43 damaged, the board may exercise the power of eminent
8 44 domain. The procedure to condemn property shall be
8 45 exercised in the manner provided in chapter 6B.
8 46 Sec. 12. NEW SECTION. 358C.12 BOARD OF TRUSTEES
8 47 &endash; POWERS &endash; PROHIBITED ACTIONS.
8 48 1. The board of trustees is the corporate
8 49 authority of the district and shall manage and control
8 50 the affairs and property of the district. A majority
9 1 of the board of trustees shall constitute a quorum,
9 2 but a smaller number may adjourn from day to day. The
9 3 board of trustees shall elect a president, a clerk,
9 4 and a treasurer from its membership and may employ
9 5 employees as necessary, who shall hold their
9 6 employment during the pleasure of the board. The
9 7 board shall prescribe the duties and fix the
9 8 compensation of all employees of the district and the
9 9 amount of bond to be filed by the treasurer of the
9 10 district and by any employee for whom the board may
9 11 require bond. The members of the board of trustees
9 12 shall receive a per diem of forty dollars for
9 13 attendance at a meeting of the board or while
9 14 otherwise engaged in official duties, but the total
9 15 per diem for each member shall not exceed two thousand
9 16 four hundred dollars for a fiscal year. However, the
9 17 board of trustees, by resolution, may establish for
9 18 its members a lower rate of pay than is fixed by this
9 19 section. The members of the board shall also be
9 20 reimbursed for their travel and other necessary
9 21 expenses incurred in performing their official duties.
9 22 Travel expenses are reimbursable at the rate specified
9 23 in section 70A.9.
9 24 2. The board of trustees may adopt the necessary
9 25 ordinances, resolutions, and regulations for the
9 26 proper management and conduct of the business of the
9 27 board of trustees and the corporation and for carrying
9 28 out the purposes for which the district is formed.
9 29 3. If the board of trustees wishes to expand its
9 30 authority to carry out public improvements in addition
9 31 to the public improvements listed in the board's
9 32 original petition as provided in section 358C.3, the
9 33 board shall submit a petition to the board of
9 34 supervisors specifying the additional public
9 35 improvements to be included within the authority of
9 36 the district and requesting that the board of
9 37 supervisors order an election as provided in section
9 38 358C.6 to approve or disapprove the amendment. If the
9 39 petition includes public improvements as specified in
9 40 section 358C.3, the board of supervisors shall order
9 41 the election to be conducted as otherwise provided in
9 42 this chapter. If the amendment is approved, the
9 43 original petition is amended to include the additional
9 44 public improvements.
9 45 4. The board of trustees of a district shall not
9 46 purchase and resell electric service.
9 47 Sec. 13. NEW SECTION. 358C.13 TAXES &endash; POWER TO
9 48 LEVY &endash; TAX SALES.
9 49 1. The board of trustees of a real estate
9 50 improvement district shall have the power by ordinance
10 1 to levy annually for the purpose of paying the
10 2 administrative costs of the district, or for the
10 3 payment of deficiencies in special assessments, or for
10 4 both, a tax upon property within the territorial
10 5 limits of the district not exceeding fifty-four cents
10 6 per thousand dollars of the adjusted taxable valuation
10 7 of the property within the district for the preceding
10 8 fiscal year.
10 9 2. All taxes thus levied by the board shall be
10 10 certified by the clerk on or before March 1 to the
10 11 county auditor of each county in which any of the
10 12 property included within the territorial limits of the
10 13 district is located, and shall be placed upon the tax
10 14 list for the current fiscal year by the auditor. The
10 15 county treasurer of more than one county shall collect
10 16 all taxes so levied in the same manner as other taxes,
10 17 and when delinquent the taxes shall draw the same
10 18 interest. All taxes levied and collected shall be
10 19 paid over by the officer collecting the taxes to the
10 20 treasurer of the district.
10 21 3. Sales for delinquent taxes owing to the
10 22 district shall be made at the same time and in the
10 23 same manner as the sales are made for other taxes, and
10 24 all provisions of the law of this state relating to
10 25 the sale of property for delinquent taxes shall be
10 26 applicable, so far as may be, to the sales.
10 27 Sec. 14. NEW SECTION. 358C.14 RENTALS AND
10 28 CHARGES.
10 29 1. A board of trustees may by ordinance establish
10 30 equitable rates, charges, or rentals for the utilities
10 31 and services furnished by the district to be paid to
10 32 the district by every person, firm, or corporation
10 33 whose premises are served by a connection to the
10 34 utilities and services directly or indirectly. The
10 35 rates, charges, or rentals, as near as may be in the
10 36 judgment of the board of trustees, shall be equitable
10 37 and in proportion to the services rendered and the
10 38 cost of the services, and taking into consideration in
10 39 the case of the premises the quantity of sewage or
10 40 water produced or used and the concentration,
10 41 strength, and pollution qualities of the sewage. The
10 42 board of trustees may change the rates, charges, or
10 43 rentals as it may deem advisable, and by ordinance may
10 44 provide for collection. The board may contract with
10 45 any municipality within the district, whereby the
10 46 municipality may collect or assist in collecting any
10 47 of the rates, charges, or rentals, whether in
10 48 conjunction with water rentals or otherwise, and the
10 49 municipality may undertake the collection and render
10 50 the service. The rates, charges, or rentals, if not
11 1 paid when due, shall constitute a lien upon the real
11 2 property served by a connection. The lien shall have
11 3 equal precedence with ordinary taxes, may be certified
11 4 to the county treasurer and collected in the same
11 5 manner as taxes, and is not divested by a judicial
11 6 sale.
11 7 2. Sewer rentals, charges, or rates may supplant
11 8 or replace, in whole or in part, any monetary levy of
11 9 taxes which may be, or have been, authorized by the
11 10 board of trustees for any of the following purposes:
11 11 a. To meet interest and principal payments on
11 12 bonds legally authorized for the financing of sanitary
11 13 utilities in any manner.
11 14 b. To pay costs of the construction, maintenance,
11 15 or repair of the facilities or utilities, including
11 16 payments to be made under any contract between
11 17 municipalities for either the joint use of water or
11 18 sewage facilities, or for the use by one municipality
11 19 of all or a part of the water or sewer system of
11 20 another municipality.
11 21 Sec. 15. NEW SECTION. 358C.15 DEBT LIMIT &endash;
11 22 BORROWING &endash; BONDS &endash; PURPOSES.
11 23 1. A district may borrow money for its corporate
11 24 purposes, but shall not become indebted in any manner
11 25 or for any purpose to an amount in the aggregate
11 26 exceeding its constitutional debt limit of five
11 27 percent on the value of the taxable property within
11 28 the district, to be ascertained by the last state and
11 29 county tax lists previous to the incurring of the
11 30 indebtedness. Indebtedness within this constitutional
11 31 limit shall not include the indebtedness of any other
11 32 municipal corporation located wholly or partly within
11 33 the boundaries of the district, special assessment
11 34 bonds or obligations authorized under section 358C.16,
11 35 or revenue bonds authorized under section 358C.17.
11 36 2. Subject only to this debt limitation, a
11 37 district shall have the same powers to issue bonds,
11 38 including both general obligation and revenue bonds,
11 39 which cities have under the laws of this state. In
11 40 the application of the laws to this chapter, the words
11 41 used in the laws referring to municipal corporations
11 42 or to cities shall be held to include real estate
11 43 improvement districts organized under this chapter;
11 44 the words "council" or "city council" shall be held to
11 45 include the board of trustees of a district; the words
11 46 "mayor" and "clerk" shall be held to include the
11 47 president and clerk of a board of trustees; and like
11 48 construction shall be given to any other words in the
11 49 laws where required to permit the exercise of the
11 50 powers by real estate improvement districts.
12 1 3. All bonds issued shall be signed by the
12 2 president of the board of trustees and attested by the
12 3 clerk, with the seal of the district, if any, affixed,
12 4 and interest coupons attached to the bonds shall be
12 5 attested by the signature of the clerk.
12 6 4. The proceeds of any bond issue made under this
12 7 section shall be used only for the public improvements
12 8 specified in section 358C.3. Proceeds from the bond
12 9 issue may also be used for the payment of special
12 10 assessment deficiencies. The bonds shall be payable
12 11 in not more than forty annual installments and with
12 12 interest at a rate not exceeding that permitted by
12 13 chapter 74A, and shall be made payable at the place
12 14 and be of the form as the board of trustees shall by
12 15 resolution designate. A district issuing bonds as
12 16 authorized in this section is granted authority to
12 17 pledge the future avails of a tax levy to the payment
12 18 of the principal and interest of the bonds after the
12 19 same come due, and the power to impose and certify the
12 20 levy is granted to the trustees of real estate
12 21 improvement districts organized under this chapter.
12 22 Sec. 16. NEW SECTION. 358C.16 SPECIAL
12 23 ASSESSMENTS.
12 24 1. The board of trustees of a real estate
12 25 improvement district may provide for payment of all or
12 26 any portion of the costs of a public improvement
12 27 specified in section 358C.3, by assessing all, or any
12 28 portion of the costs, on adjacent property according
12 29 to the benefits derived. For the purposes of this
12 30 chapter, the board of trustees may define "adjacent
12 31 property" as all that included within a designated
12 32 benefited district to be fixed by the board, which may
12 33 be all of the property located within the real estate
12 34 improvement district or any lesser portion of that
12 35 property. It is not a valid objection to a special
12 36 assessment that the improvement for which the
12 37 assessment is levied is outside the limits of the
12 38 district, but a special assessment shall not be made
12 39 upon property situated outside of the district.
12 40 Special assessments pursuant to this section shall be
12 41 in proportion to the special benefits conferred upon
12 42 the property, and not in excess of the benefits. The
12 43 value of a property is the present fair market value
12 44 of the property with the proposed public improvements
12 45 completed. Payment of installments of a special
12 46 assessment against property used and assessed as
12 47 agricultural property shall be deferred upon the
12 48 filing of a request by the owner in the same manner
12 49 and under the same procedures as provided in chapter
12 50 384 for special assessments by cities.
13 1 2. The assessments may be made to extend over a
13 2 period not to exceed fifteen years, payable in as
13 3 nearly equal annual installments as practicable. A
13 4 majority vote of the board of trustees is requisite
13 5 and sufficient for any action required by the board of
13 6 trustees under this section.
13 7 3. Subject to the limitations otherwise stated in
13 8 this section, a district organized under this chapter
13 9 has all of the powers to specially assess the costs of
13 10 improvements described in this section, including the
13 11 power to issue special assessment bonds, warrants,
13 12 project notes, or other forms of interim financing
13 13 obligations, which cities have under the laws of this
13 14 state.
13 15 Sec. 17. NEW SECTION. 358C.17 REVENUE BONDS.
13 16 A district incorporated under this chapter may
13 17 exercise the powers granted to counties in sections
13 18 331.462 to 331.470, to issue revenue bonds for the
13 19 purposes in section 358C.3, subsection 2, paragraphs
13 20 "b", "c", "g", "h", and "l".
13 21 Sec. 18. NEW SECTION. 358C.18 ADDITIONAL
13 22 TERRITORY.
13 23 1. The district may be enlarged and additional
13 24 territory annexed to the district by either of the
13 25 following methods:
13 26 a. By petitions signed by the owners of all the
13 27 property to be annexed to the district. If a petition
13 28 requesting annexation is presented to the trustees and
13 29 approved by the trustees the change in the boundaries
13 30 to include the additional area shall be certified by
13 31 the clerk of the district to the county auditor in
13 32 which the greater portion of the district is located
13 33 and thereafter the district shall include the area
13 34 thus annexed.
13 35 b. By a petition filed with the clerk of the
13 36 district, signed by persons owning not less than fifty
13 37 percent of the area to be annexed, but not signed by
13 38 persons owning all the area requested to be annexed.
13 39 On the filing of the petition, the trustees of the
13 40 district shall fix a time and place for a hearing on
13 41 the petition and give notice of the hearing, as
13 42 provided in section 331.305, and by certified mail to
13 43 the record owners of all persons owning land within
13 44 the territory sought to be annexed, not less than ten
13 45 days prior to the date of the hearing, if the address
13 46 of the owners is known or can be ascertained by
13 47 reasonable diligence by the trustees. At the hearing,
13 48 any person owning property within the area proposed to
13 49 be annexed or any person owning property or residing
13 50 within the district may appear and be heard. If,
14 1 after the hearing, the board of trustees determines
14 2 that annexation of the additional area will be
14 3 conducive to the public health, convenience, and
14 4 welfare and will not be an undue burden on the
14 5 district, the board of trustees may, by resolution,
14 6 annex the additional area and fix the boundary which
14 7 shall not include more than the area requested in the
14 8 petition. A copy of the resolution shall be filed
14 9 with the county auditor of the county in which the
14 10 largest portion of the district is located and
14 11 thereafter the area included by the resolution shall
14 12 be a part of the district.
14 13 2. All property, from and after it is annexed to
14 14 the district, shall be subject to all taxes and other
14 15 burdens levied by the district, regardless of when the
14 16 obligation for which the taxes or assessments are
14 17 levied was incurred.
14 18 Sec. 19. NEW SECTION. 358C.19 ANNEXATION BY A
14 19 CITY.
14 20 When a city or real estate improvement district
14 21 proposes that the district be annexed by the city,
14 22 either wholly or partially, an owner of property in
14 23 the district shall not object to the annexation if the
14 24 district has issued, and there remain, outstanding
14 25 obligations of the district for public improvements
14 26 and the original petition and order of the board of
14 27 supervisors provide that a property owner has waived
14 28 any right to object if obligations are issued for
14 29 public improvements. When a city annexes all the
14 30 territory within the boundaries of a real estate
14 31 improvement district, the district shall merge with
14 32 the city and the city shall succeed to all the
14 33 property and property rights of every kind, contracts,
14 34 and obligations, held by or belonging to the district,
14 35 and the city shall be liable for and recognize,
14 36 assume, and carry out all valid contracts and
14 37 obligations of the district. The city may assume and
14 38 provide for the payment of the obligations of any
14 39 bonds of the district by issuing general obligation,
14 40 special assessment, or revenue refunding bonds which
14 41 may be sold at public or private sale or exchanged for
14 42 outstanding bonds. General obligation bonds of the
14 43 city may be issued to refund special assessment and
14 44 revenue obligations if the governing body of the city
14 45 determines that it is in the best interest of the
14 46 city. The refunding of these obligations shall
14 47 constitute an essential corporate purpose under
14 48 section 384.24. All taxes, assessments, claims, and
14 49 demands of every kind due or owing to the district
14 50 shall be paid to and collected by the city. Any
15 1 special assessments which the district was authorized
15 2 to levy, assess, relevy, or reassess, but which were
15 3 not levied, assessed, relevied, or reassessed, at the
15 4 time of the merger, for improvements made by the
15 5 district or in the process of construction or
15 6 contracted for may be levied, assessed, relevied, or
15 7 reassessed by the annexing city to the same extent as
15 8 the district may have levied or assessed but for the
15 9 merger. However, this section does not authorize the
15 10 annexing city to revoke any resolution, order, or
15 11 finding made by the district in regard to special
15 12 benefits or increase any assessments made by the
15 13 district, but the city shall be bound by all findings
15 14 or orders and assessments to the same extent as the
15 15 district would be bound. Also, a district shall not
15 16 levy any special assessments after the effective date
15 17 of the annexation.
15 18 Sec. 20. NEW SECTION. 358C.20 EFFECTIVE DATE OF
15 19 MERGER.
15 20 The merger shall be effective thirty days after the
15 21 effective date of the ordinance annexing the territory
15 22 within the district. However, if the validity of the
15 23 ordinance annexing the territory is challenged by a
15 24 court proceeding, the effective date of the merger
15 25 shall be thirty days after the final determination of
15 26 the validity of the ordinance. The trustees of a
15 27 district shall continue in possession and conduct the
15 28 affairs of the district until the effective date of
15 29 the merger, but shall not during the period levy any
15 30 special assessments after the effective date of
15 31 annexation.
15 32 Sec. 21. NEW SECTION. 358C.21 PARTIAL ANNEXATION
15 33 &endash; DIVISION AGREEMENT.
15 34 If only a part of the territory within a district
15 35 is annexed by a city, the district and the city may
15 36 agree between themselves as to the equitable division
15 37 of the assets, liabilities, maintenance, or other
15 38 obligations of the district for a change in the
15 39 boundaries of the district so as to exclude the
15 40 portion annexed by the city or may agree upon a merger
15 41 of the district with the city. If a merger is agreed
15 42 upon, the city shall have all the rights, privileges,
15 43 duties, and obligations as provided in this chapter
15 44 when the city annexes the entire territory within the
15 45 district, and the trustees shall be relieved of all
15 46 further duties and liabilities and their bonds
15 47 exonerated. An agreement between the district and the
15 48 city shall not be effective until submitted to and
15 49 approved by the district court of the county in which
15 50 the major portion of the district is located. An
16 1 agreement shall not be approved which may prejudice
16 2 the rights of any bondholder or creditor of the
16 3 district. The district court may direct amendments to
16 4 the agreement before approving the agreement. If the
16 5 district and city do not agree upon the proper
16 6 adjustment of all matters growing out of the
16 7 annexation of a part of the territory located within
16 8 the district, either the district or the annexing city
16 9 may apply to the district court of the county where
16 10 the major portion of the district is located for an
16 11 adjustment of all matters growing out of or in any way
16 12 connected with the annexation of the territory, and
16 13 after a hearing the district court may enter an order
16 14 or decree fixing the rights, duties, and obligations
16 15 of the parties. However, in every case the decree or
16 16 order shall require a change of the district
16 17 boundaries so as to exclude from the district that
16 18 portion of the territory of the district which has
16 19 been annexed. The change of boundaries shall become
16 20 effective on the date of entry of the decree. Only
16 21 the district and the city shall be necessary parties
16 22 to the action. The decree when entered shall be
16 23 binding on both parties the same as though the parties
16 24 had voluntarily agreed thereto. This section does not
16 25 authorize any district to levy any special assessments
16 26 within the annexed area after the effective date of
16 27 annexation.
16 28 Sec. 22. NEW SECTION. 358C.22 DISSOLUTION OF
16 29 DISTRICT.
16 30 When a majority of the board of trustees of a
16 31 district desire that the district be wholly dissolved,
16 32 the trustees shall first propose a resolution
16 33 declaring the advisability of the dissolution and
16 34 setting out the terms and conditions of the
16 35 dissolution, and also setting out the time and place
16 36 when the board of trustees shall meet to consider the
16 37 adoption of the resolution. Notice of the time and
16 38 place when the resolution shall be set for
16 39 consideration shall be published as provided in
16 40 section 331.305, which publication shall contain the
16 41 entire wording of the proposed resolution. If any
16 42 part of the district lies within the area of the
16 43 jurisdiction of a city, then the trustees shall mail a
16 44 copy of the proposed resolution to the city on the
16 45 date of first publication of the resolution. At the
16 46 hearing the owners of property within the district, or
16 47 a city if any part of the district lies within the
16 48 city, may appear and make objections to the proposed
16 49 resolution. If the owners representing a majority of
16 50 the area of real estate within the district fail to
17 1 sign and present to the board, on or prior to the
17 2 hearing date, a written petition opposing the
17 3 resolution, a majority of the board of trustees may
17 4 pass the resolution and adopt the proposed
17 5 dissolution. However, the resolution shall not be
17 6 adopted if the district is obligated on any
17 7 outstanding bonds, warrants, or other debts or
17 8 obligations unless the holders of the bonds, warrants,
17 9 or other debts or obligations all sign written
17 10 consents to the dissolution prior to the adoption of
17 11 the resolution of dissolution. If the petition
17 12 opposing the resolution is signed by property owners
17 13 representing a majority of the area of real estate
17 14 within the district and presented to the board of
17 15 trustees on or prior to the hearing date, the board of
17 16 trustees shall not adopt the resolution. After the
17 17 board of trustees has adopted the resolution of
17 18 dissolution, the clerk of the district shall prepare
17 19 and file a certified copy of the resolution of
17 20 dissolution in the office of the county auditor where
17 21 the original petition was filed.
17 22 Sec. 23. NEW SECTION. 358C.23 DETACHMENT OF
17 23 LAND.
17 24 1. When a majority of the board of trustees of a
17 25 district desires that any property within the district
17 26 be detached from the district, the trustees shall
17 27 first propose a resolution declaring the advisability
17 28 of the detachment and setting out the terms and
17 29 conditions of the detachment and also setting out the
17 30 time and place when the board of trustees will meet to
17 31 consider the adoption of the resolution. Notice of
17 32 the time and place when the resolution is set for
17 33 consideration shall be published as provided in
17 34 section 331.305, which publication shall contain the
17 35 entire wording of the proposed resolution. If any
17 36 part of the district lies within a city, then the
17 37 trustees shall mail a copy of the proposed resolution
17 38 to the city on the date of first publication of the
17 39 resolution. At the hearing the owners of property
17 40 within the district, or any city, may appear and make
17 41 objections to the proposed resolution. If the owners
17 42 representing a majority of the area of real estate
17 43 within the district fail to sign and present to the
17 44 board of trustees, on or prior to the hearing date, a
17 45 written petition opposing the resolution, a majority
17 46 of the board of trustees may pass the resolution and
17 47 adopt the proposed detachment, except that the
17 48 resolution shall not be adopted if the district is
17 49 indebted on any outstanding bonds or warrants of the
17 50 district unless the holders of the bonds and warrants
18 1 all sign written consents to the detachment prior to
18 2 the adoption of the resolution of detachment. If the
18 3 petition opposing the resolution is signed by property
18 4 owners representing a majority of the area of real
18 5 estate within the district and presented to the board
18 6 of trustees on or prior to the hearing date, the board
18 7 of trustees shall not adopt the resolution. After the
18 8 board of trustees has adopted the resolution of
18 9 detachment, the clerk of the district shall prepare
18 10 and file a certified copy of the resolution of
18 11 detachment in the office of the county auditor where
18 12 the original petition was filed, and the area detached
18 13 shall become excluded and detached from the boundaries
18 14 of the district.
18 15 2. The owner of a discrete tract of land which is
18 16 part of a district but which is not connected to the
18 17 main area of the district may petition the board of
18 18 trustees of the district to have the property detached
18 19 from the district. Following receipt of the petition,
18 20 the board of trustees shall propose a resolution
18 21 declaring the advisability of the detachment and
18 22 setting out the terms and conditions of the detachment
18 23 and setting out the time and place when the board of
18 24 trustees will meet to consider the adoption of the
18 25 resolution. Notice of the time and place for the
18 26 consideration shall be published as provided in
18 27 subsection 1. If any part of the district lies in
18 28 whole or in part within a city, the board of trustees
18 29 shall mail a copy of the proposed resolution to the
18 30 municipality within five days after the date of first
18 31 publication of the resolution. At the hearing for
18 32 consideration of the resolution, the board of trustees
18 33 shall determine if the tract of land proposed for
18 34 detachment has all of the following characteristics:
18 35 a. Has an area of twenty-five acres or more.
18 36 b. Is wholly detached from the main area of the
18 37 district and separated from the district by a distance
18 38 of at least one thousand feet at the nearest points.
18 39 c. Is undeveloped and predominantly devoted to
18 40 agricultural uses.
18 41 d. Has no improvements placed upon it by the
18 42 district and receives no current services from the
18 43 district.
18 44 3. If the board of trustees by majority vote
18 45 determines that the tract in question meets all of the
18 46 conditions provided in subsection 2, paragraphs "a"
18 47 through "d", the resolution shall be adopted, except
18 48 that the resolution shall not be adopted if the
18 49 district is indebted on any outstanding bonds or
18 50 warrants of the district unless the holders of the
19 1 bonds and warrants all sign written consents to the
19 2 detachment. After the board of trustees has adopted
19 3 the resolution of detachment, the clerk of the
19 4 district shall prepare and file a certified copy of
19 5 the resolution of detachment in the office of the
19 6 county auditor where the original petition was filed
19 7 and the area detached shall become excluded and
19 8 detached from the boundaries of the district.
19 9 Sec. 24. NEW SECTION. 358C.24 CHAPTER LIBERALLY
19 10 CONSTRUED.
19 11 The provisions of this chapter shall be liberally
19 12 construed to facilitate the development of land for
19 13 housing."
19 14 #2. Title page, by striking lines 1 and 2 and
19 15 inserting the following: "An Act relating to the
19 16 creation of real estate improvement districts,
19 17 authorizing the issuance of general obligation bonds
19 18 and revenue bonds, the imposition of ad valorem
19 19 property taxes, special assessments and fees, and
19 20 other related matters."
19 21
19 22
19 23
19 24 JACOBS of Polk
19 25
19 26
19 27
19 28 MYERS of Johnson
19 29
19 30
19 31
19 32 HAMMITT of Harrison
19 33
19 34
19 35
19 36 VANDE HOEF of Osceola
19 37
19 38
19 39
19 40 SIEGRIST of Pottawattamie
19 41
19 42
19 43
19 44 BELL of Jasper
19 45
19 46
19 47
19 48 JOCHUM of Dubuque
19 49
19 50
20 1
20 2 NELSON of Pottawattamie
20 3
20 4
20 5
20 6 RANTS of Woodbury
20 7
20 8
20 9
20 10 WISE of Lee
20 11
20 12
20 13
20 14 CARROLL of Poweshiek
20 15
20 16
20 17
20 18 WARNSTADT of Woodbury
20 19
20 20
20 21
20 22 HEATON of Henry
20 23
20 24
20 25
20 26 BRAND of Benton
20 27 HF 222.302 76
20 28 mk/cf
Text: H03776 Text: H03778 Text: H03700 - H03799 Text: H Index Bills and Amendments: General Index Bill History: General Index
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