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House Journal: Page 1346: Thursday, April 6, 1995

Page 14

 1   after the hearing, the board of trustees determines
 2   that annexation of the additional area will be
 3   conducive to the public health, convenience, and
 4   welfare and will not be an undue burden on the
 5   district, the board of trustees may, by resolution,
 6   annex the additional area and fix the boundary which
 7   shall not include more than the area requested in the
 8   petition.  A copy of the resolution shall be filed
 9   with the county auditor of the county in which the
10   largest portion of the district is located and
11   thereafter the area included by the resolution shall
12   be a part of the district.
13     2.  All property, from and after it is annexed to
14   the district, shall be subject to all taxes and other
15   burdens levied by the district, regardless of when the
16   obligation for which the taxes or assessments are
17   levied was incurred.
18     Sec. 19.  NEW SECTION.  358C.19  ANNEXATION BY A
19   CITY.
20     When a city or real estate improvement district
21   proposes that the district be annexed by the city,
22   either wholly or partially, an owner of property in
23   the district shall not object to the annexation if the
24   district has issued, and there remain, outstanding
25   obligations of the district for public improvements
26   and the original petition and order of the board of
27   supervisors provide that a property owner has waived
28   any right to object if obligations are issued for
29   public improvements.  When a city annexes all the
30   territory within the boundaries of a real estate
31   improvement district, the district shall merge with
32   the city and the city shall succeed to all the
33   property and property rights of every kind, contracts,
34   and obligations, held by or belonging to the district,
35   and the city shall be liable for and recognize,
36   assume, and carry out all valid contracts and
37   obligations of the district.  The city may assume and
38   provide for the payment of the obligations of any
39   bonds of the district by issuing general obligation,
40   special assessment, or revenue refunding bonds which
41   may be sold at public or private sale or exchanged for
42   outstanding bonds.  General obligation bonds of the
43   city may be issued to refund special assessment and
44   revenue obligations if the governing body of the city
45   determines that it is in the best interest of the
46   city.  The refunding of these obligations shall
47   constitute an essential corporate purpose under
48   section 384.24.  All taxes, assessments, claims, and
49   demands of every kind due or owing to the district
50   shall be paid to and collected by the city.  Any

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/01300/01346.html
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