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House Journal: Page 1350: Thursday, April 6, 1995

Page 18

 1   all sign written consents to the detachment prior to
 2   the adoption of the resolution of detachment.  If the
 3   petition opposing the resolution is signed by property
 4   owners representing a majority of the area of real
 5   estate within the district and presented to the board
 6   of trustees on or prior to the hearing date, the board
 7   of trustees shall not adopt the resolution.  After the
 8   board of trustees has adopted the resolution of
 9   detachment, the clerk of the district shall prepare
10   and file a certified copy of the resolution of
11   detachment in the office of the county auditor where
12   the original petition was filed, and the area detached
13   shall become excluded and detached from the boundaries
14   of the district.
15     2.  The owner of a discrete tract of land which is
16   part of a district but which is not connected to the
17   main area of the district may petition the board of
18   trustees of the district to have the property detached
19   from the district.  Following receipt of the petition,
20   the board of trustees shall propose a resolution
21   declaring the advisability of the detachment and
22   setting out the terms and conditions of the detachment
23   and setting out the time and place when the board of
24   trustees will meet to consider the adoption of the
25   resolution.  Notice of the time and place for the
26   consideration shall be published as provided in
27   subsection 1.  If any part of the district lies in
28   whole or in part within a city, the board of trustees
29   shall mail a copy of the proposed resolution to the
30   municipality within five days after the date of first
31   publication of the resolution.  At the hearing for
32   consideration of the resolution, the board of trustees
33   shall determine if the tract of land proposed for
34   detachment has all of the following characteristics:
35     a.  Has an area of twenty-five acres or more.
36     b.  Is wholly detached from the main area of the
37   district and separated from the district by a distance
38   of at least one thousand feet at the nearest points.
39     c.  Is undeveloped and predominantly devoted to
40   agricultural uses.
41     d.  Has no improvements placed upon it by the
42   district and receives no current services from the
43   district.
44     3.  If the board of trustees by majority vote
45   determines that the tract in question meets all of the
46   conditions provided in subsection 2, paragraphs "a"
47   through "d", the resolution shall be adopted, except
48   that the resolution shall not be adopted if the
49   district is indebted on any outstanding bonds or
50   warrants of the district unless the holders of the

Iowa General Assembly

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

© 1995 Cornell College and League of Women Voters of Iowa

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Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/01300/01350.html
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