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House Journal: Page 1349: Thursday, April 6, 1995

Page 17

 1   sign and present to the board, on or prior to the
 2   hearing date, a written petition opposing the
 3   resolution, a majority of the board of trustees may
 4   pass the resolution and adopt the proposed
 5   dissolution.  However, the resolution shall not be
 6   adopted if the district is obligated on any
 7   outstanding bonds, warrants, or other debts or
 8   obligations unless the holders of the bonds, warrants,
 9   or other debts or obligations all sign written
10   consents to the dissolution prior to the adoption of
11   the resolution of dissolution.  If the petition
12   opposing the resolution is signed by property owners
13   representing a majority of the area of real estate
14   within the district and presented to the board of
15   trustees on or prior to the hearing date, the board of
16   trustees shall not adopt the resolution.  After the
17   board of trustees has adopted the resolution of
18   dissolution, the clerk of the district shall prepare
19   and file a certified copy of the resolution of
20   dissolution in the office of the county auditor where
21   the original petition was filed.
22     Sec. 23.  NEW SECTION.  358C.23  DETACHMENT OF
23   LAND.
24     1.  When a majority of the board of trustees of a
25   district desires that any property within the district
26   be detached from the district, the trustees shall
27   first propose a resolution declaring the advisability
28   of the detachment and setting out the terms and
29   conditions of the detachment and also setting out the
30   time and place when the board of trustees will meet to
31   consider the adoption of the resolution.  Notice of
32   the time and place when the resolution is set for
33   consideration shall be published as provided in
34   section 331.305, which publication shall contain the
35   entire wording of the proposed resolution.  If any
36   part of the district lies within a city, then the
37   trustees shall mail a copy of the proposed resolution
38   to the city on the date of first publication of the
39   resolution.  At the hearing the owners of property
40   within the district, or any city, may appear and make
41   objections to the proposed resolution.  If the owners
42   representing a majority of the area of real estate
43   within the district fail to sign and present to the
44   board of trustees, on or prior to the hearing date, a
45   written petition opposing the resolution, a majority
46   of the board of trustees may pass the resolution and
47   adopt the proposed detachment, except that the
48   resolution shall not be adopted if the district is
49   indebted on any outstanding bonds or warrants of the
50   district unless the holders of the bonds and warrants

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/01300/01349.html
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