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PAG LIN 1 1 Section 1. Section 357.1A, Code 1995, is amended to read 1 2 as follows: 1 3 357.1A COMBINEDWATER AND SANITARY DISTRICTDISTRICTS. 1 4 1. Upon receipt of a petition having the required 1 5 signatories as provided in section357.1 or 358.2357.1, 1 6 358.2, or 403B.3, the board of supervisors shall grant a 1 7 hearing relative to the establishment of a proposed combined 1 8waterhome development, water, and sanitary district. The 1 9 petition shall include the information required in sections 1 10 357.1 and 358.2 for proposed water districts and sanitary 1 11 districts and section 403B.3 for home development districts. 1 12 The board of supervisors of the county in which the proposed 1 13 combined district or largest part of the proposed combined 1 14 district is located, shall have jurisdiction of the 1 15 proceedings on the petition and the decision of a majority of 1 16 the members of that board of supervisors is necessary for 1 17 adoption. The orders of the board of supervisors made 1 18 pursuant to this chapter,andchapter 358, or chapter 403B 1 19 relating to the proposed combined district shall be kept as 1 20 official records, but the records need not be published under 1 21 section 349.16. An existing district may petition the board 1 22 of supervisors to establish a combinedwater and sanitary1 23 district after the approval of a majority of the district 1 24 electorate. 1 25 2. The board of supervisors having jurisdiction to 1 26 establish the proposed combinedwater and sanitarydistrict 1 27 may proceed with its establishment under this chapter,or1 28 chapter 358, or chapter 403B in the same manner as a benefited 1 29 water district,ora sanitary district, or a home development 1 30 district is separately established under those chapters. The 1 31 differences between this chapter,andchapter 358, or chapter 1 32 403B including, but not limited to, the membership of the 1 33 board of trustees, per diem, and maximum annual per diem, or a 1 34 power or duty relating to rents, fees, taxation, or bonded 1 35 indebtedness shall be resolved as a part of the petition 2 1 submitted to the board of supervisors. Before becoming 2 2 effective, a change in the membership, per diem, maximum 2 3 annual per diem, or a power or duty relating to rents, fees, 2 4 the levy of a tax, or the issuance of bonds, or other 2 5 differences specified on the petition shall be submitted for 2 6 the approval of the district electorate. However, the number 2 7 of members, per diem, maximum annual per diem, or differences 2 8 in powers and duties included in a combined district shall not 2 9 be inconsistent with this chapter,orchapter 358, or chapter 2 10 403B. 2 11 3. For the purpose of establishing, operating, or 2 12 dissolving a combinedwater and sanitarydistrict under this 2 13 chapter,andchapter 358, or chapter 403B, the term "benefited 2 14 water district" includes combined water,andsanitary, and 2 15 home development district where applicable. 2 16 4. Water services and a water service plan prepared by the 2 17 combined district are subject to approval by an affected city 2 18 as provided in section 357.1. 2 19 Sec. 2. NEW SECTION. 403B.1 INCORPORATION &endash; INTENT. 2 20 If an area of territory is so situated that the development 2 21 of housing would encourage economic development in the area 2 22 and promote the public convenience or welfare, the area may be 2 23 incorporated as a home development district in the manner set 2 24 forth in this chapter. Areas of contiguous or noncontiguous 2 25 territory may be incorporated in a home development district. 2 26 It is the intent of the general assembly that home 2 27 development districts target the development of single family, 2 28 owner-occupied residences. 2 29 Sec. 3. NEW SECTION. 403B.2 COMBINED DISTRICTS. 2 30 1. The board of supervisors of a county or major part of a 2 31 county in which a proposed combined home development district 2 32 and water and sanitary district will be located, may proceed 2 33 with the establishment, operation, or dissolution of the 2 34 combined district as provided in section 357.1A. 2 35 2. For the purpose of establishing, operating, or 3 1 dissolving a combined water and sanitary and home development 3 2 district under chapter 357, chapter 358, and this chapter, the 3 3 term "home development district" includes combined water and 3 4 sanitary and home development district where applicable. 3 5 Sec. 4. NEW SECTION. 403B.3 PETITION &endash; DEPOSIT. 3 6 1. Any twenty-five or more eligible electors who reside 3 7 within the limits of any proposed home development district 3 8 may file a petition in the office of the county auditor of the 3 9 county in which the proposed home development district, or the 3 10 major portion thereof, is located, requesting that there be 3 11 submitted to the registered voters of the proposed district 3 12 the question whether the territory within the boundaries of 3 13 the proposed district shall be organized as a home development 3 14 district under this chapter. The petition shall be addressed 3 15 to the board of supervisors of the county in which it is filed 3 16 and shall contain the following: 3 17 a. An intelligible description of the boundaries of the 3 18 territory to be included in the district. 3 19 b. The name of the proposed home development district. 3 20 c. That economic development in the area will be 3 21 encouraged and the public convenience or welfare will be 3 22 promoted by the establishment of the home development 3 23 district. 3 24 d. The signatures of the petitioners. 3 25 2. A territory shall not be included within more than one 3 26 home development district organized under this chapter, and if 3 27 any proposed home development district shall fail to receive a 3 28 majority of votes cast at any election thereon as provided in 3 29 this chapter, a petition shall not be filed for establishment 3 30 of a home development district within one year from the date 3 31 of the previous election. 3 32 3. The petitioners shall file with the petition a bond 3 33 with sureties approved by the auditor, or a certified check, 3 34 credit union certified share draft, or cash in an amount 3 35 sufficient for the payment of all costs and expenses incurred 4 1 in the proceedings if the district is not finally established. 4 2 4. Preliminary expense shall not be incurred before the 4 3 establishment of the proposed home development district by the 4 4 board in excess of the amount of bond filed by the 4 5 petitioners. In case it is necessary to incur any expense in 4 6 addition to the amount of the bond, the board of supervisors 4 7 shall require the filing of an additional security until the 4 8 additional bond is filed in sufficient amount to cover the 4 9 expense. 4 10 Sec. 5. NEW SECTION. 403B.4 JURISDICTION &endash; DECISIONS &endash; 4 11 RECORDS. 4 12 The board of supervisors of the county in which the 4 13 proposed home development district, or the major portion 4 14 thereof, is located shall have jurisdiction of the proceedings 4 15 on the petition as provided in this chapter, and the decision 4 16 of a majority of the members of the board shall be necessary 4 17 for adoption. All orders of the board made under this chapter 4 18 shall be contained in the record of the proceedings of the 4 19 board of supervisors, but need not be published under section 4 20 349.16. 4 21 Sec. 6. NEW SECTION. 403B.5 DATE AND NOTICE OF HEARING. 4 22 1. The board of supervisors to which the petition is 4 23 addressed, at its next meeting, shall set the time and place 4 24 for a hearing on the petition. The board shall direct the 4 25 county auditor in whose office the petition is filed to cause 4 26 notice to be given to all persons whom it may concern, without 4 27 naming them, of the pendency and content of the petition, by 4 28 publication of a notice as provided in section 331.305. Proof 4 29 of giving the notice shall be made by affidavit of the 4 30 publisher and the proof shall be on file with the county 4 31 auditor at the time the hearing begins. The notice of hearing 4 32 shall be directed to all persons it may concern, and shall 4 33 state: 4 34 a. That a petition has been filed with the county auditor 4 35 of the county, naming it, for establishment of a proposed home 5 1 development district, and the name of the proposed district. 5 2 b. An intelligible description of the boundaries of the 5 3 territory to be included in the district. 5 4 c. The date, hour, and the place where the hearing will be 5 5 held on the petition before the board of supervisors of the 5 6 named county. 5 7 d. That the board of supervisors will fix and determine 5 8 the boundaries of the proposed district as described in the 5 9 petition or otherwise, and for that purpose may alter and 5 10 amend the petition. At the hearing all interested persons 5 11 shall have an opportunity to be heard on the location and 5 12 boundaries of the proposed district and to make suggestions 5 13 regarding the location and boundaries. 5 14 2. For a district which does not include land within a 5 15 city, copy of the notice shall also be sent by mail to each 5 16 owner, without naming them, of each tract of land or lot 5 17 within the proposed district as shown by the transfer books of 5 18 the auditor's office. The mailings shall be to the last known 5 19 mailing address unless there is on file an affidavit of the 5 20 auditor or of a person designated by the board to make the 5 21 necessary investigation, stating that a mailing address is not 5 22 known and that diligent inquiry has been made to ascertain it. 5 23 The copy of notice shall be mailed no less than twenty days 5 24 before the day set for hearing and proof of service shall be 5 25 by affidavit of the auditor. The proofs of service required 5 26 by this subsection shall be on file at the time the hearing 5 27 begins. 5 28 3. In lieu of the mailing to the last known address a 5 29 person owning land affected by a proposed district may file 5 30 with the county auditor an instrument in writing designating 5 31 the address for the mailing. This designation when filed is 5 32 effective for five years and applies to all proceedings under 5 33 this chapter. The person making the designation may change 5 34 the address in the same manner as the original designation is 5 35 made. 6 1 4. In lieu of publication, personal service of the notice 6 2 may be made upon an owner of land in the proposed district in 6 3 the manner and for the time required for service of original 6 4 notices in the district court. Proof of the service shall be 6 5 on file with the auditor on the date of the hearing. 6 6 Sec. 7. NEW SECTION. 403B.6 HEARING OF PETITION AND 6 7 ORDER. 6 8 The board of supervisors to whom the petition is addressed 6 9 shall preside at the hearing provided for in section 403B.5 6 10 and shall continue the hearing in session, with adjournments 6 11 from day to day, if necessary, until completed, without being 6 12 required to give any further notice of the hearing. Proof of 6 13 the residences and qualifications of the petitioners as 6 14 eligible electors shall be made by affidavit or otherwise as 6 15 the board may direct. The board may consider the boundaries 6 16 of a proposed home development district, whether they shall be 6 17 as described in the petition or otherwise, and for that 6 18 purpose may alter and amend the petition and limit or change 6 19 the boundaries of the proposed district as stated in the 6 20 petition. The board shall adjust the boundaries of a proposed 6 21 district as needed to exclude land that has no reasonable 6 22 likelihood of benefit from inclusion in the proposed district. 6 23 The boundaries of a proposed district shall not be changed to 6 24 incorporate property not included in the original petition and 6 25 published notice until the owner of the property is given 6 26 notice of inclusion as on the original hearing. All persons 6 27 in the proposed district shall have an opportunity to be heard 6 28 regarding the location and boundaries of the proposed district 6 29 and to make suggestions regarding the location and boundaries, 6 30 and the board of supervisors, after hearing the statements, 6 31 evidence and suggestions made and offered at the hearing, 6 32 shall enter an order fixing and determining the limits and 6 33 boundaries of the proposed district and directing that an 6 34 election be held for the purpose of submitting to the 6 35 registered voters owning land within the boundaries of the 7 1 proposed district the question of organization and 7 2 establishment of the proposed home development district as 7 3 determined by the board of supervisors. The order shall fix a 7 4 date for the election not more than sixty days after the date 7 5 of the order. 7 6 However, a majority of the landowners, owning in the 7 7 aggregate more than seventy percent of the total land in the 7 8 proposed district, may file a written objection against the 7 9 proposed district at or before the time fixed for the hearing 7 10 on the proposed district with the county auditor. If the 7 11 objection is filed, the board of supervisors shall discontinue 7 12 all further proceedings on the proposed district and charge 7 13 the costs incurred to date relating to the establishment of 7 14 the proposed district. 7 15 Sec. 8. NEW SECTION. 403B.7 NOTICE OF ELECTION. 7 16 In its order for the election the board of supervisors 7 17 shall direct the county commissioner of elections of the 7 18 county in which the petition is filed to cause notice of the 7 19 election to be given at least thirty days before the date of 7 20 election by publication of the notice as provided in section 7 21 331.305. The notice shall state the time and place of holding 7 22 the election and the hours when the polls will open and close, 7 23 the purpose of the election, with the name of the proposed 7 24 home development district and a description of the boundaries 7 25 of it, and shall set forth briefly the limits of each voting 7 26 precinct and the location of the polling places. Proof of 7 27 publication shall be made in the manner provided in section 7 28 403B.5 and filed with the county auditor. 7 29 Sec. 9. NEW SECTION. 403B.8 ELECTION. 7 30 Each registered voter who resides within the proposed home 7 31 development district shall have the right to cast a ballot at 7 32 the election and no person shall vote in any precinct but that 7 33 of the person's residence. Ballots at the election shall be 7 34 in substantially the following form: 7 35 For home development district 8 1 Against home development district 8 2 The board of supervisors shall cause a statement of the 8 3 result of the election to be noted in the records of the 8 4 county auditor. If a majority of the votes cast upon the 8 5 question of incorporation of the proposed home development 8 6 district shall be in favor of the proposed home development 8 7 district, the proposed home development district shall 8 8 thenceforth be deemed an organized home development district 8 9 under this chapter and established as conducive to the public 8 10 convenience and welfare. 8 11 Sec. 10. NEW SECTION. 403B.9 EXPENSES AND COSTS OF 8 12 ELECTION. 8 13 The election held pursuant to this chapter shall be 8 14 conducted by the county commissioner of elections. All 8 15 expenses incurred in carrying out the foregoing sections of 8 16 this chapter, together with the costs of the election, as 8 17 determined by the county commissioner of elections, shall be 8 18 paid by those who will be benefited by the proposed home 8 19 development district. If the district is not established, the 8 20 expenses and costs shall be collected upon the bond or bonds 8 21 of the petitioners. 8 22 Sec. 11. NEW SECTION. 403B.10 SELECTION OF TRUSTEES &endash; 8 23 TERM OF OFFICE. 8 24 1. At the election provided for in section 403B.8, the 8 25 names of candidates for trustee of the district shall be 8 26 written by the voters on blank ballots without formal 8 27 nomination, and the board of supervisors which had 8 28 jurisdiction of the proceedings for establishment of the home 8 29 development district, together with the board of supervisors 8 30 of any other county in which any part of the district is 8 31 located, shall appoint three trustees from among the five 8 32 persons receiving the greatest number of votes as trustees of 8 33 the district. One of the trustees shall be designated to 8 34 serve a term expiring on the first day of January which is not 8 35 a Sunday or legal holiday following the next general election, 9 1 one to serve a term expiring on the first day of January which 9 2 is not a Sunday or legal holiday two years later, and one to 9 3 serve a term expiring on the first day of January which is not 9 4 a Sunday or legal holiday four years later. Thereafter, each 9 5 term shall be for a term of years established by the board of 9 6 supervisors, not less than three years or more than six years. 9 7 Successors to trustees shall be elected by special election or 9 8 at a special meeting of the board of trustees called for that 9 9 purpose. For each special election called after the initial 9 10 election, a candidate for office of trustee shall be nominated 9 11 by a personal affidavit of the candidate or by petition of at 9 12 least ten eligible electors of the district and the 9 13 candidate's personal affidavit, which shall be filed with the 9 14 county commissioner of elections at least twenty-five days 9 15 before the date of the election. The form of the candidate's 9 16 affidavit shall be substantially the same as provided in 9 17 section 45.3. 9 18 2. Vacancies in the office of trustee of a home 9 19 development district shall be filled by the remaining members 9 20 of the board for the period until a successor is chosen in the 9 21 manner prescribed by this section or by section 69.12, 9 22 whichever is applicable. 9 23 3. In lieu of a special election, successors to trustees 9 24 shall be elected at a special meeting of the board of trustees 9 25 called for that purpose. Upon its own motion, the board of 9 26 trustees may, or upon petition of landowners owning more than 9 27 fifty percent of the total land in the district, shall, call a 9 28 special meeting of the residents of the district to elect 9 29 successors to trustees of the board. Notice of the meeting 9 30 shall be given at least ten days before the date of the 9 31 meeting by publication of the notice in a newspaper of general 9 32 circulation in the district. The notice shall state the date, 9 33 times, and location of the meeting and that the meeting is 9 34 called for the purpose of electing one or more trustees to the 9 35 board. 10 1 Sec. 12. NEW SECTION. 403B.11 TRUSTEE'S BOND. 10 2 Each trustee, before entering upon the duties of office, 10 3 shall execute a bond payable to the district, with security to 10 4 be approved by the board of supervisors which had jurisdiction 10 5 of the petition for establishment of the district, in such 10 6 form and amount as the board of supervisors may determine, 10 7 which bond shall be filed with the county auditor of the 10 8 county. 10 9 Sec. 13. NEW SECTION. 403B.12 HOME DEVELOPMENT DISTRICT 10 10 TO BE A BODY CORPORATE. 10 11 1. Each home development district organized under this 10 12 chapter shall be a body corporate and politic, with the name 10 13 and style under which it was organized, and by such name and 10 14 style may sue and be sued, contract and be contracted with, 10 15 acquire and hold real and personal property necessary for 10 16 corporate purposes, adopt a corporate seal and alter the same 10 17 at pleasure, and exercise all the powers conferred in this 10 18 chapter. 10 19 2. All courts of this state shall take judicial notice of 10 20 the existence of home development districts organized under 10 21 this chapter. 10 22 Sec. 14. NEW SECTION. 403B.13 BOARD OF TRUSTEES &endash; 10 23 POWERS. 10 24 1. The trustees elected as provided in section 403B.10 10 25 constitute a board of trustees for the district by which they 10 26 are elected. The board of trustees is the corporate authority 10 27 of the home development district and shall manage and control 10 28 the affairs and property of the district. A majority of the 10 29 board of trustees shall constitute a quorum, but a smaller 10 30 number may adjourn from day to day. The board of trustees 10 31 shall elect a president, a clerk, and a treasurer from its 10 32 membership and may employ employees as necessary, who shall 10 33 hold their employment during the pleasure of the board. The 10 34 board shall prescribe the duties and fix the compensation of 10 35 all employees of the home development district and the amount 11 1 of bond to be filed by the treasurer of the district and by 11 2 any employee for whom the board may require bond. The members 11 3 of the board of trustees shall receive a per diem of forty 11 4 dollars for attendance at a meeting of the board or while 11 5 otherwise engaged in official duties, but the total per diem 11 6 for each member shall not exceed two thousand four hundred 11 7 dollars for a fiscal year. However, the board of trustees, by 11 8 resolution, may establish for its members a lower rate of pay 11 9 than is fixed by this section. The members of the board shall 11 10 also be reimbursed for their travel and other necessary 11 11 expenses incurred in performing their official duties. Travel 11 12 expenses are reimbursable at the rate specified in section 11 13 70A.9. 11 14 2. The board of trustees may adopt the necessary 11 15 ordinances, resolutions, rules, and regulations for the proper 11 16 management and conduct of the business of the board of 11 17 trustees and the corporation and for carrying out the purposes 11 18 for which the home development district is formed. 11 19 Sec. 15. NEW SECTION. 403B.14 ORDINANCES &endash; PUBLICATION 11 20 OR POSTING &endash; TIME OF TAKING EFFECT. 11 21 All ordinances, resolutions, orders, rules, and regulations 11 22 adopted by the board take effect from and after their adoption 11 23 and publication. The publication shall be by one publication 11 24 in a newspaper of general circulation in the district, by 11 25 posting copies in three public places within the district, or 11 26 by other steps necessary to inform the public. 11 27 Sec. 16. NEW SECTION. 403B.15 PROOF OF ORDINANCES. 11 28 All ordinances, resolutions, orders, rules, and 11 29 regulations, and the date when they became effective, may be 11 30 proven by the certificate of the clerk, under the seal of the 11 31 corporation, if one has been adopted, and when printed in book 11 32 or pamphlet form and purporting to be published by the board 11 33 of trustees such book or pamphlet shall be received as 11 34 evidence of the passage and legal publication or posting 11 35 thereof as of the dates mentioned therein, in all courts and 12 1 places, without further proof. 12 2 Sec. 17. NEW SECTION. 403B.16 PERSONAL INTEREST IN 12 3 CONTRACTS. 12 4 A trustee of a district shall not be directly or indirectly 12 5 interested in any contract, work, or business of the district, 12 6 or in the sale of any article the expense, price, or 12 7 consideration of which is paid by the district; nor in the 12 8 purchase of any real estate or other property belonging to the 12 9 district, or which shall be sold for taxes or assessments, or 12 10 by virtue of legal process at the suit of the district; 12 11 provided, that nothing herein shall be construed as 12 12 prohibiting the selection of any person as trustee because of 12 13 the person's ownership of real estate in the district or 12 14 because the person is a taxpayer in the district. 12 15 Sec. 18. NEW SECTION. 403B.17 POWERS TO PROVIDE FOR HOME 12 16 DEVELOPMENT. 12 17 The board of trustees of a home development district 12 18 organized pursuant to this chapter shall have power to provide 12 19 for the planning, acquisition, financing, construction, and 12 20 marketing of housing property within the district. The 12 21 district shall consult with the department of economic 12 22 development regarding the development of housing facilities in 12 23 the district. However, contracts for construction of housing 12 24 property shall be publicly bid. 12 25 The board of trustees of a home development district shall 12 26 have the same power to pay for construction or other 12 27 obligations under this chapter as a county does under section 12 28 331.463, subsection 3. 12 29 Sec. 19. NEW SECTION. 403B.18 TAXES &endash; POWER TO LEVY &endash; 12 30 TAX SALES. 12 31 1. The board of trustees of any home development district 12 32 organized under this chapter shall have the power by ordinance 12 33 to levy annually for the purpose of paying the administrative 12 34 costs of such district, or for the payment of deficiencies in 12 35 special assessments, or for both, a tax upon property within 13 1 the territorial limits of such home development district not 13 2 exceeding fifty-four cents per thousand dollars of the 13 3 adjusted taxable valuation of the property within such 13 4 district for the preceding fiscal year. 13 5 2. All taxes thus levied by the board shall be certified 13 6 by the clerk on or before March 1 to the county auditor of 13 7 each county wherein any of the property included within the 13 8 territorial limits of the home development district is 13 9 located, and shall be placed upon the tax list for the current 13 10 fiscal year by the auditor or auditors. The county treasurer, 13 11 or treasurers, of more than one county, shall collect all 13 12 taxes so levied in the same manner as other taxes, and when 13 13 delinquent the taxes shall draw the same interest. All taxes 13 14 levied and collected shall be paid over by the officer 13 15 collecting the taxes to the treasurer of the home development 13 16 district. 13 17 Sales for delinquent taxes owing to the home development 13 18 district shall be made at the same time and in the same manner 13 19 as such sales are made for other taxes, and all provisions of 13 20 the law of this state relating to the sale of property for 13 21 delinquent taxes shall be applicable, so far as may be, to the 13 22 sales. 13 23 Sec. 20. NEW SECTION. 403B.19 CONDEMNATION OF PROPERTY. 13 24 A home development district shall have the power to condemn 13 25 property in the same manner as under section 403A.20. 13 26 Sec. 21. NEW SECTION. 403B.20 RECORDS AND DISBURSEMENTS. 13 27 The clerk of each home development district shall keep a 13 28 record of all the proceedings and actions of the trustees. 13 29 The treasurer shall receive, collect, and disburse all moneys 13 30 belonging to the district, and no claim shall be paid or 13 31 disbursement made until it has been duly audited by the board 13 32 of trustees. 13 33 Sec. 22. NEW SECTION. 403B.21 RENTALS AND CHARGES. 13 34 1. A home development district may by ordinance establish 13 35 just and equitable rates, charges, or rentals for the 14 1 utilities and services furnished by the district to be paid to 14 2 the district by every person, firm, or corporation whose 14 3 premises are served by a connection to the utilities and 14 4 services directly or indirectly. The rates, charges, or 14 5 rentals, as near as may be in the judgment of the board of 14 6 trustees of the district, shall be equitable and in proportion 14 7 to the services rendered and the cost of the services. The 14 8 board of trustees may change the rates, charges, or rentals 14 9 from time to time as it may deem advisable, and by ordinance 14 10 may provide for collection. The board may contract with any 14 11 municipality within the district, whereby the municipality may 14 12 collect or assist in collecting any of the rates, charges, or 14 13 rentals, whether in conjunction with water rentals or 14 14 otherwise, and the municipality may undertake the collection 14 15 and render the service. The rates, charges, or rentals, if 14 16 not paid when due, shall constitute a lien upon the real 14 17 property served by a connection. The lien shall have equal 14 18 precedence with ordinary taxes, may be certified to the county 14 19 treasurer and collected in the same manner as taxes, and is 14 20 not divested by a judicial sale. 14 21 2. Rentals, charges, or rates may supplant or replace, in 14 22 whole or in part, any monetary levy of taxes which may be, or 14 23 have been, authorized by the board of trustees for any of the 14 24 following purposes: 14 25 a. To meet interest and principal payments on bonds 14 26 legally authorized for the financing of home development 14 27 activities in any manner. 14 28 b. To pay costs of the construction, maintenance, or 14 29 repair of such home development facilities or utilities, 14 30 including payments to be made under any contract between 14 31 municipalities for either the joint use of water or sewerage 14 32 or sewage facilities, or for the use by one municipality of 14 33 all or a part of the sewerage or sewer system of another 14 34 municipality. 14 35 3. When a sewer rental ordinance has been passed and put 15 1 into effect, prior ordinances or resolutions providing for 15 2 monetary levy of taxes against real and personal property for 15 3 such purposes, or the portion thereof replaced, may be 15 4 repealed. 15 5 Sec. 23. NEW SECTION. 403B.22 DEBT LIMIT &endash; BORROWING &endash; 15 6 BONDS &endash; PURPOSES. 15 7 1. Any home development district organized under this 15 8 chapter may borrow money for its corporate purposes, but shall 15 9 not become indebted in any manner or for any purpose to an 15 10 amount in the aggregate exceeding five percent on the value of 15 11 the taxable property within the district, to be ascertained by 15 12 the last state and county tax lists previous to the incurring 15 13 of such indebtedness. Indebtedness within this constitutional 15 14 limit shall not include the indebtedness of any other 15 15 municipal corporation located wholly or partly within the 15 16 boundaries of the home development district. 15 17 2. Subject only to this debt limitation, a home 15 18 development district organized under this chapter shall have 15 19 and it is hereby vested with all of the same powers to issue 15 20 bonds, including both general obligation and revenue bonds, 15 21 which cities now or may hereafter have under the laws of this 15 22 state. In the application of such laws to this chapter, the 15 23 words used in any such laws referring to municipal 15 24 corporations or to cities shall be held to include home 15 25 development districts organized under this chapter, the word 15 26 "council" or "city council" shall be held to include the board 15 27 of trustees of a home development district; the words "mayor" 15 28 and "clerk" shall be held to include the president and clerk 15 29 of any such board of trustees or home development district; 15 30 and like construction shall be given to any other words in 15 31 such laws where required to permit the exercise of such powers 15 32 by home development districts. 15 33 3. Any and all bonds issued hereunder shall be signed by 15 34 the president of the board of trustees and attested by the 15 35 clerk, with the seal of the district, if any, affixed, and 16 1 interest coupons attached thereto shall be attested by the 16 2 signature of the clerk. 16 3 4. The proceeds of any bond issue made under the 16 4 provisions of this section shall be used only for the purpose 16 5 of developing housing facilities. Proceeds from the bond 16 6 issue may also be used for the payment of special assessment 16 7 deficiencies. The bonds shall be payable in not more than 16 8 forty annual installments and with interest at a rate not 16 9 exceeding that permitted by chapter 74A, and shall be made 16 10 payable at the place and be of the form as the board of 16 11 trustees shall by resolution designate. Any home development 16 12 district issuing bonds as authorized in this section is hereby 16 13 granted authority to pledge the future revenue of a tax levy 16 14 to the payment of the principal and interest of the bonds 16 15 after the same come due, and the power to impose and certify 16 16 the levy is hereby granted to the trustees of home development 16 17 districts organized under the provisions of this chapter. 16 18 Sec. 24. NEW SECTION. 403B.23 SPECIAL ASSESSMENTS. 16 19 1. The board of trustees of a home development district 16 20 may provide for payment of all or any portion of the costs of 16 21 acquiring, locating, laying out, constructing, reconstructing, 16 22 repairing, changing, or enlarging property or housing 16 23 facilities and other necessary adjuncts thereto, by assessing 16 24 all, or any portion of the costs, on other property according 16 25 to the benefits derived. For the purposes of this chapter, 16 26 the board of trustees may define "other property" as all that 16 27 included within a designated benefited district or districts 16 28 to be fixed by the board, which may be all of the property 16 29 located within the home development district or any lesser 16 30 portion of that property. It is not a valid objection to a 16 31 special assessment that the improvement for which the 16 32 assessment is levied is outside the limits of the home 16 33 development district, but a special assessment shall not be 16 34 made upon property situated outside of the home development 16 35 district. Special assessments pursuant to this section shall 17 1 be in proportion to the special benefits conferred upon the 17 2 property, and not in excess of the benefits, and an assessment 17 3 shall not exceed twenty-five percent of the value of the 17 4 property at the time of levy. The value of a property is the 17 5 present fair market value of the property with the proposed 17 6 public improvements completed. Payment of installments of a 17 7 special assessment against property used and assessed as 17 8 agricultural property shall be deferred upon the filing of a 17 9 request by the owner in the same manner and under the same 17 10 procedures as provided in chapter 384 for special assessments 17 11 by cities. 17 12 2. The assessments may be made to extend over a period not 17 13 to exceed fifteen years, payable in as nearly equal annual 17 14 installments as practicable. A majority vote of the board of 17 15 trustees is requisite and sufficient for any action required 17 16 by the board of trustees under this section. 17 17 3. Subject to the limitations otherwise stated in this 17 18 section, a home development district organized under this 17 19 chapter has all of the powers to specially assess the costs of 17 20 improvements described in this section, including the power to 17 21 issue special assessment bonds, warrants, project notes, or 17 22 other forms of interim financing obligations, which cities 17 23 have under the laws of this state. 17 24 Sec. 25. NEW SECTION. 403B.24 APPEAL TO DISTRICT COURT. 17 25 A person aggrieved by any proceeding had by the board of 17 26 supervisors or by the board of trustees as provided in this 17 27 chapter in relation to any matter involving the person's 17 28 rights not included under the provisions of section 403B.23 17 29 may appeal to the district court of the county in which the 17 30 proceedings were had. Such appeals shall be governed in all 17 31 respects as is provided by pertinent sections under chapter 17 32 468, subchapter I, parts 1 to 5. 17 33 Sec. 26. NEW SECTION. 403B.25 CONTRACTS OUTSIDE OF 17 34 DISTRICT. 17 35 1. A home development district may enter into contracts 18 1 with persons or firms outside its limits for the provisions of 18 2 services within the district but the rate charged shall not be 18 3 less than that charged the inhabitants of the district. 18 4 2. A home development district adjoining a border of the 18 5 state may contract with the governing body of any legal entity 18 6 in an adjacent area in another state, to provide services to 18 7 the district. The contract shall be subject to approval of 18 8 the Iowa department of public health, if it involves 18 9 processing sewage from the district. 18 10 Sec. 27. NEW SECTION. 403B.26 REVENUE BONDS. 18 11 Home development districts incorporated under this chapter 18 12 may exercise the powers granted to counties in sections 18 13 331.462 to 331.470, to issue revenue bonds for the purposes in 18 14 section 331.461, subsection 2, paragraphs "b" and "c". 18 15 Sec. 28. NEW SECTION. 403B.27 ANNEXATION OF LAND BY A 18 16 CITY &endash; COMPENSATION. 18 17 A home development district shall be fairly compensated for 18 18 losses resulting from annexation. The governing body of a 18 19 city or city utility and the board of trustees of the home 18 20 development district may agree to terms which provide that the 18 21 facilities owned by the home development district and located 18 22 within the city shall be retained by the home development 18 23 district for the purpose of providing home development 18 24 services to persons outside the city. If an agreement is not 18 25 reached within ninety days, the issues may be submitted to 18 26 arbitration. If submitted, an arbitrator shall be selected by 18 27 a committee which includes one member of the governing body of 18 28 the city or its designee, one member of the home development 18 29 district's board of trustees or its designee, and a 18 30 disinterested party selected by the other two members of the 18 31 committee. A list of qualified arbitrators may be obtained 18 32 from the American arbitration association or another 18 33 recognized arbitration organization or association. 18 34 Sec. 29. NEW SECTION. 403B.28 PETITION FILED. 18 35 A board of trustees of a home development district may, by 19 1 resolution, authorize the filing of a petition in the office 19 2 of the county auditor of the county in which the home 19 3 development district or a major portion of it is located, 19 4 requesting the conveyance and discontinuance of the home 19 5 development district. The petition shall be addressed to the 19 6 board of supervisors of the county where it is filed and must 19 7 set forth: 19 8 1. The name of the home development district. 19 9 2. That the home development district lies wholly or 19 10 partially within the corporate limits of a city. 19 11 3. That economic development in the area and the public 19 12 convenience or welfare will be promoted by the conveyance and 19 13 discontinuance of the home development district and the 19 14 assumption of the duties, responsibilities, and functions of 19 15 the home development district by the city. 19 16 4. A statement that the city has agreed to assume the 19 17 duties, responsibilities, and functions of the home 19 18 development district upon the conveyance and discontinuance. 19 19 A copy of the agreement shall be attached to the petition. 19 20 5. A listing of the assets and liabilities of the home 19 21 development district, including a complete statement of 19 22 indebtedness. 19 23 6. A copy of the resolution of the board of trustees of 19 24 the home development district. 19 25 Sec. 30. NEW SECTION. 403B.29 JURISDICTION BY BOARD OF 19 26 SUPERVISORS. 19 27 The board of supervisors of the county in which the home 19 28 development district or a major portion of it is located shall 19 29 have jurisdiction of the proceedings on the petition, and the 19 30 decision of a majority of the members of the board shall be 19 31 necessary for approval of the petition for conveyance and 19 32 discontinuance. Orders of the board made under this section 19 33 shall be noted in the records of the proceedings of the board 19 34 of supervisors, and shall be filed with the county recorder 19 35 but need not be published under section 349.16. 20 1 Sec. 31. NEW SECTION. 403B.30 HEARING ON PETITION. 20 2 The board of supervisors to whom the petition is addressed, 20 3 at its next regular meeting shall set the time and place when 20 4 it shall meet for a hearing on the petition, and it shall 20 5 direct the county auditor in whose office the petition is 20 6 filed to cause notice to be given to all persons whom it may 20 7 concern, without naming them, of the pendency and request of 20 8 the petition for the conveyance and discontinuance by 20 9 publication of a notice as provided in section 331.305. Proof 20 10 of giving notice shall be made by affidavit of the publisher 20 11 and shall be filed with the county auditor at the time the 20 12 hearing begins. 20 13 Sec. 32. NEW SECTION. 403B.31 NOTICE. 20 14 The notice of hearing shall state the following: 20 15 1. That a petition has been filed with the county auditor 20 16 of the county for the conveyance and discontinuance of the 20 17 home development district. 20 18 2. An intelligible description of the boundaries of the 20 19 home development district. 20 20 3. The date, hour, and place where the petition will be 20 21 heard before the board of supervisors of the county. 20 22 4. That the board of supervisors will hear all persons 20 23 having an interest in the matter and that after the hearing, 20 24 the board of supervisors will take action as is in the best 20 25 interest of the home development district. 20 26 Sec. 33. NEW SECTION. 403B.32 CONDUCTING HEARING. 20 27 The board of supervisors to whom the petition is addressed 20 28 shall preside at the hearing and shall continue the same in 20 29 session with adjournments from day to day, if necessary, and 20 30 until completed, without being required to give further 20 31 notice. At the hearing, all persons interested in the matter 20 32 of the conveyance and discontinuance of the home development 20 33 district may appear and shall be heard, for and against the 20 34 conveyance and discontinuance, and the board shall examine 20 35 into the matter and the equitable distribution of the assets, 21 1 and equitable distribution and assumption of the liabilities 21 2 which have accrued during the time the home development 21 3 district has been in existence. The board shall receive 21 4 evidence on the question from the parties interested, and, 21 5 after hearing and reviewing the statements, evidence, and 21 6 suggestions made and offered at the hearing, if it finds that 21 7 the home development district lies wholly or partially within 21 8 the corporate limits of a city or that the depository of the 21 9 district is a municipal home development sewage system, that 21 10 the public health, comfort, convenience, or welfare will be 21 11 promoted by the conveyance and discontinuance of the home 21 12 development district and the assumption of the duties, 21 13 responsibilities, and functions of the home development 21 14 district by the city, and that the city has agreed to assume 21 15 the duties, responsibilities, and functions of the home 21 16 development district, shall enter an order specifying the 21 17 matter and specifying the equitable distribution of the 21 18 assets, and the equitable distribution and assumption of the 21 19 liabilities and responsibilities of the home development 21 20 district and setting an effective date of the conveyance and 21 21 discontinuance. 21 22 Sec. 34. NEW SECTION. 403B.33 FILING ORDER OF 21 23 DISCONTINUANCE. 21 24 When a home development district has been discontinued by 21 25 order of the board of supervisors, as provided in this 21 26 division, the order of the board of supervisors shall be filed 21 27 in the office of the recorder in the county or counties in 21 28 which the home development district is located. The agreement 21 29 of the city in which the home development district is located 21 30 and which has agreed to assume the duties, responsibilities, 21 31 and functions of the home development district shall also be 21 32 filed along with, and as part of the order of the board of 21 33 supervisors conveying and discontinuing the district. 21 34 Sec. 35. NEW SECTION. 403B.34 PENDING RIGHTS OR 21 35 LIABILITIES. 22 1 The assumption by the city shall not affect or impair any 22 2 rights or liabilities then existing for or against either the 22 3 home development district or the city, and they may be 22 4 enforced as provided in this chapter. 22 5 Sec. 36. NEW SECTION. 403B.35 INDEBTEDNESS ASSUMED. 22 6 The indebtedness of the home development district shall be 22 7 assumed and paid by the city, and may be paid by a tax to be 22 8 levied exclusively upon the property within the jurisdiction 22 9 of the home development district as it existed prior to the 22 10 conveyance and discontinuance, or by the issuance of such 22 11 bonds as cities may issue for purchasing and acquiring any 22 12 home development sewer system or sewage disposal works and 22 13 facilities or both. 22 14 Sec. 37. NEW SECTION. 403B.36 CLAIMS PROSECUTED AGAINST 22 15 CITY. 22 16 Suits to enforce claims or demands existing at the time of 22 17 the conveyance, discontinuance, and assumption may be 22 18 prosecuted or brought against the city which assumes the 22 19 obligations of the home development district, and judgments 22 20 obtained shall be paid as provided in section 403B.35 for the 22 21 payment of the indebtedness. 22 22 Sec. 38. NEW SECTION. 403B.37 DISSOLUTION. 22 23 1. After three years from the establishment of a home 22 24 development district, a petition may be filed in the office of 22 25 the county auditor, addressed to the board of supervisors, 22 26 signed by a majority of persons owning land in the district 22 27 and who in aggregate own at least sixty percent of the land in 22 28 the district. The petition shall include the above facts and 22 29 recite each of the following: 22 30 a. That more than three years has passed since the date of 22 31 the election which established the district. 22 32 b. That there are no bonds or other evidences of 22 33 indebtedness outstanding against the district, or if there is 22 34 indebtedness, the petition shall contain a plan of dissolution 22 35 which makes adequate provisions for payment of the 23 1 indebtedness. 23 2 c. That a construction contract has not been let or work 23 3 done on any improvements in the district or if either has 23 4 occurred, the petition shall contain a plan of dissolution 23 5 which makes adequate provisions for payment of the contract 23 6 price or for the work. 23 7 2. All costs and expenses of the district shall be 23 8 assessed against the district before dissolution by the levy 23 9 of an annual tax necessary to accomplish payment, but the levy 23 10 shall not exceed the rate provided in this section. 23 11 3. The board shall examine the petition at its next 23 12 meeting after its filing or within twenty days of the filing, 23 13 whichever date is earlier. Within ten days of the meeting, 23 14 the board shall publish notice of the petition and the date, 23 15 time, and place of the meeting at which time the board 23 16 proposes to take action on the petition. The notice shall be 23 17 published in a newspaper of general circulation published in 23 18 the district and, if no newspaper is published within the 23 19 district, in a newspaper published in the county in which the 23 20 major part of the district is located. At the board's 23 21 meeting, or subsequent meetings as necessary, if the petition 23 22 is found to comply with the requirements of this section and 23 23 the board of trustees consents by majority vote, the board of 23 24 supervisors may provide for payment as requested or modify the 23 25 method of payment of costs and expenses. 23 26 4. If the board decides that dissolution is warranted for 23 27 the best interest of the public, it shall publish a notice in 23 28 a newspaper of general circulation published in the district 23 29 or, if no newspaper is published in the district, in a 23 30 newspaper published in the county in which the major part of 23 31 the district is located and give notice by mail to all known 23 32 claimants or creditors of the district that it will receive 23 33 and adjudicate claims against the district for four months 23 34 from the date the notice is published and shall levy an annual 23 35 tax as necessary against all property in the district for the 24 1 number of years required to pay all claims allowed. However, 24 2 the annual tax levied under this subsection shall not exceed 24 3 four dollars per thousand dollars of assessed valuation of the 24 4 taxable property within the district at the time of 24 5 dissolution. The levy shall be made in the same manner as 24 6 provided in section 76.2. After the board makes a specific 24 7 finding that all indebtedness, costs, and expenses have been 24 8 paid or levies approved for their payment, the board shall 24 9 dissolve the district by resolution entered upon its records. 24 10 The dissolution order shall be noted by the auditor on the 24 11 county records, showing the date when the dissolution became 24 12 effective. 24 13 5. The records of a dissolved district including, but not 24 14 limited to, copies of all engineering files and work 24 15 undertaken by engineers of a dissolved district, shall be 24 16 deposited with the county auditor of the county designated by 24 17 the board. Any remaining balances shall be deposited in the 24 18 general fund of the county designated by the board. All other 24 19 assets of the dissolved district shall become, by dissolution, 24 20 assets of the county. 24 21 6. An action shall not be commenced to contest action of 24 22 the board of supervisors under this section in adjudicating 24 23 claims, providing for the levy of a tax, or dissolving the 24 24 district unless it is brought within thirty days of the entry 24 25 of the dissolution order on the county record. 24 26 Sec. 39. NEW SECTION. 403B.38 PROVISIONS NOT APPLICABLE. 24 27 Chapters 74 and 74A shall not apply to home development 24 28 districts. 24 29 EXPLANATION 24 30 This bill authorizes the establishment of home development 24 31 districts, similar to sanitary districts, or benefited water 24 32 districts. A district could be formed singly or in 24 33 combination with a benefited water or sanitary district or 24 34 both. An area may be incorporated as a home development 24 35 district if the development of additional housing resources in 25 1 the area would encourage economic development or contribute to 25 2 public convenience or welfare. 25 3 The bill also provides that 25 or more eligible electors 25 4 may petition the county board of supervisors for the 25 5 establishment of a home development district and the mechanism 25 6 for bringing the district into existence. Trustees of the 25 7 district have the power to manage and control the affairs of 25 8 the district, including the power to levy taxes for the 25 9 purposes of the district, to borrow funds, to issue bonds, to 25 10 make progress payments, and to condemn property. 25 11 The bill also provides for the dissolution of the district 25 12 and the winding up of the district's affairs. 25 13 LSB 2370HH 76 25 14 mk/jj/8
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