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House Journal: Page 1338: Thursday, April 6, 1995

Page 6

 1   to cause notice of the election to be given at least
 2   thirty days before the date of election by publication
 3   of the notice as provided in section 331.305.  The
 4   notice shall state the time and place of holding the
 5   election and the hours when the polls will open and
 6   close, the purpose of the election, with the name of
 7   the proposed district and a description of the
 8   boundaries of the proposed district, and shall set
 9   forth briefly the limits of each voting precinct and
10   the location of the polling places.  Proof of
11   publication shall be made in the manner provided in
12   section 358C.4 and filed with the county auditor.
13     Sec. 7.  NEW SECTION.  358C.7  ELECTION.
14     1.  Each registered voter resident within the
15   proposed district shall have the right to cast a
16   ballot at the election and a person shall not vote in
17   any precinct but that of the person's residence.
18   Ballots at the election shall be in substantially the
19   following form, to wit:
20          For Real Estate Improvement District
21          Against Real Estate Improvement District
22     2.  The board of supervisors shall cause a
23   statement of the result of the election to be included
24   in the records of the county auditor.  If a majority
25   of the votes cast upon the question of incorporation
26   of the proposed district shall be in favor of the
27   proposed district, the proposed district shall be
28   deemed an organized real estate improvement district
29   under this chapter and established as conducive to the
30   public health, comfort, convenience, and welfare.
31     3.  In the event the petition and order provide
32   that any present or future owner of property within
33   the district waives objection to annexation if the
34   district has issued obligations or bonds for a public
35   improvement and the annexing city assumes those
36   obligations, the board of supervisors shall file a
37   certified declaration of that provision and a legal
38   description of all real estate in the district with
39   the county recorder in each county in which the
40   district is located.
41     Sec. 8.  NEW SECTION.  358C.8  EXPENSES AND COSTS
42   OF ELECTION.
43     The election held pursuant to this chapter shall be
44   conducted by the county commissioner of elections.
45   All expenses incurred in carrying out the preceding
46   sections of this chapter, and the costs of the
47   election, as determined by the county commissioner of
48   elections, shall be paid by those who will be
49   benefited by the proposed district.  If the district
50   is not established, the expenses and costs shall be

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