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House Journal: Page 1336: Thursday, April 6, 1995

Page 4

 1   affidavit of the publisher and the proof shall be on
 2   file with the county auditor at the time the hearing
 3   begins.  The notice of hearing shall be directed to
 4   all persons it may concern, and shall state:
 5     a.  That a petition has been filed with the county
 6   auditor of the county, naming it, for establishment of
 7   a proposed district, and the name of the proposed
 8   district.
 9     b.  An intelligible description of the boundaries
10   of the territory to be embraced in the district.
11     c.  The date, hour, and the place where the
12   petition will be brought for hearing before the board
13   of supervisors of the named county.
14     d.  That the board of supervisors will fix and
15   determine the boundaries of the proposed district as
16   described in the petition or otherwise, and for that
17   purpose may alter and amend the petition.  At the
18   hearing all interested persons shall have an
19   opportunity to be heard on the location and boundaries
20   of the proposed district and to make suggestions
21   regarding the location and boundaries.
22     2.  For a district which does not include land
23   within a city, copy of the notice shall also be sent
24   by mail to each owner, without naming them, of each
25   tract of land or lot within the proposed district as
26   shown by the transfer books of the auditor's office.
27   The mailings shall be to the last known mailing
28   address unless there is on file an affidavit of the
29   auditor or of a person designated by the board to make
30   the necessary investigation, stating that a mailing
31   address is not known and that diligent inquiry has
32   been made to ascertain it.  The copy of notice shall
33   be mailed no less than twenty days before the day set
34   for hearing and proof of service shall be by affidavit
35   of the auditor.  The proofs of service required by
36   this subsection shall be on file at the time the
37   hearing begins.
38     3.  In lieu of the mailing to the last known
39   address a person owning land affected by a proposed
40   district may file with the county auditor an
41   instrument in writing designating the address for the
42   mailing.  This designation when filed is effective for
43   five years and applies to all proceedings under this
44   chapter.  The person making the designation may change
45   the address in the same manner as the original
46   designation is made.
47     4.  In lieu of publication, personal service of the
48   notice may be made upon an owner of land in the
49   proposed district in the manner and for the time
50   required for service of original notices in the

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