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House Journal: Page 1337: Thursday, April 6, 1995

Page 5

 1   district court.  Proof of the service shall be on file
 2   with the auditor on the date of the hearing.
 3     Sec. 5.  NEW SECTION.  358C.5  HEARING OF PETITION
 4   AND ORDER.
 5     The board of supervisors to whom the petition is
 6   addressed shall preside at the hearing provided for in
 7   section 358C.4 and shall continue the hearing in
 8   session, with adjournments from day to day, if
 9   necessary, until completed, without being required to
10   give any further notice of the hearing.  Proof of the
11   residences and qualifications of the petitioners as
12   registered voters shall be made by affidavit or
13   otherwise as the board may direct.  The board may
14   consider the boundaries of a proposed district,
15   whether the boundaries are described in the petition
16   or otherwise, and for that purpose may alter and amend
17   the petition and limit or change the boundaries of the
18   proposed district as stated in the petition.  The
19   board shall adjust the boundaries of a proposed
20   district as needed to exclude land that has no
21   reasonable likelihood of benefit from inclusion in the
22   proposed district.  The boundaries of a proposed
23   district shall not be changed to incorporate property
24   not included in the original petition and published
25   notice until the owner of the property is given notice
26   of inclusion as on the original hearing.  All persons
27   in the proposed district shall have an opportunity to
28   be heard regarding the location and boundaries of the
29   proposed district and to make suggestions regarding
30   the location and boundaries, and the board of
31   supervisors, after hearing the statements, evidence,
32   and suggestions made and offered at the hearing, shall
33   enter an order fixing and determining the limits and
34   boundaries of the proposed district and whether or not
35   all present and future property owners within the
36   district have waived any objections to the annexation
37   by a city if the district has issued obligations or
38   bonds for public improvement and the city assumes
39   those obligations, and directing that an election be
40   held for the purpose of submitting to the registered
41   voters owning land within the boundaries of the
42   proposed district the question of organization and
43   establishment of the proposed district as determined
44   by the board of supervisors.  The order shall fix a
45   date for the election not more than sixty days after
46   the date of the order.
47     Sec. 6.  NEW SECTION.  358C.6  NOTICE OF ELECTION.
48     In its order for the election the board of
49   supervisors shall direct the county commissioner of
50   elections of the county in which the petition is filed

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/01300/01337.html
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