Text: HF02174 Text: HF02176 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2175 1 2 1 3 AN ACT 1 4 RELATING TO THE CREATION OF, AND ANNEXATION OF PROPERTY TO, 1 5 A SANITARY SEWER DISTRICT. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 358.5, unnumbered paragraph 1, Code 1 10 1997, is amended to read as follows: 1 11 The board of supervisors to whom the petition is addressed 1 12 shall preside at the hearing provided for in section 358.4 and 1 13 shall continue the hearing in session, with adjournments from 1 14 day to day, if necessary, until completed, without being 1 15 required to give any further notice of the hearing. Proof of 1 16 the residences and qualifications of the petitioners as 1 17 eligible electors shall be made by affidavit or otherwise as 1 18 the board may direct. The board may consider the boundaries 1 19 of a proposed sanitary district, whether they shall be as 1 20 described in the petition or otherwise, and for that purpose 1 21 may alter and amend the petition and limit or change the 1 22 boundaries of the proposed district as stated in the petition. 1 23 The board shall adjust the boundaries of a proposed district 1 24 as needed to exclude land that has no reasonable likelihood of 1 25 benefit from inclusion in the proposed district. The 1 26 boundaries of a proposed district shall not be changed to 1 27 incorporate property not included in the original petition and 1 28 published notice until the owner of the property is given 1 29 notice of inclusion as on the original hearing. All persons 1 30 in the proposed district shall have an opportunity to be heard 1 31 regarding the location and boundaries of the proposed district 1 32 and to make suggestions regarding the location and boundaries,1 33and the. The board of supervisors, after hearing the 1 34 statements, evidence and suggestions made and offered at the 1 35 hearing, shall enter an order fixing and determining the 2 1 limits and boundaries of the proposed district and directing 2 2 that an election be held for the purpose of submitting to the 2 3 registered votersowning landresiding within the boundaries 2 4 of the proposed district the question of organization and 2 5 establishment of the proposed sanitary district as determined 2 6 bysaidthe board of supervisors. The order shall fix a date 2 7 for the election not more than sixty days after the date of 2 8 the order. 2 9 Sec. 2. NEW SECTION. 358.26 ANNEXATION. 2 10 1. In a county which has more than seven thousand five 2 11 hundred acres of natural lakes, the board of trustees may, or 2 12 upon request of property owners representing twenty-five 2 13 percent of the valuation of the property to be annexed shall 2 14 file a petition in the office of county auditor of the county 2 15 in which the property to be annexed or the major part of the 2 16 property is located, requesting that there be submitted to the 2 17 voters of the existing district and the area to be annexed the 2 18 question whether the territory proposed to be annexed should 2 19 be annexed to the sanitary district. The property to be 2 20 annexed must be located within the watershed of a natural lake 2 21 or navigable water as defined in section 462A.2 in the 2 22 existing district. The board of supervisors of the county in 2 23 which the property to be annexed, or the major part of the 2 24 property is located, shall have jurisdiction of the 2 25 proceedings on the petition. 2 26 2. The petition shall be addressed to the board of 2 27 supervisors of the county in which the property to be annexed 2 28 or the major part of the property is located and shall include 2 29 the following: 2 30 a. An intelligible description of the property to be 2 31 annexed to the sanitary district. 2 32 b. A statement that the public health, comfort, 2 33 convenience, or welfare will be promoted by the annexation of 2 34 the property. 2 35 c. The signatures of the president and the clerk of the 3 1 board of trustees. 3 2 Sec. 3. NEW SECTION. 358.27 HEARING ON ANNEXATION – 3 3 DATE AND NOTICE. 3 4 1. The board of supervisors to which a petition filed 3 5 pursuant to section 358.26 is addressed, at its next meeting, 3 6 shall set the time and place for a public hearing on the 3 7 petition. The board of supervisors shall direct the county 3 8 auditor to give notice to interested persons of the pendency 3 9 and content of the petition and of the public hearing by 3 10 publication of a notice as provided in section 331.305. Proof 3 11 of publication shall be filed with and preserved by the county 3 12 auditor. The notice of the public hearing shall include the 3 13 following information: 3 14 a. That a petition has been filed with the county auditor 3 15 proposing to annex property to the district. 3 16 b. An intelligible description of the property to be 3 17 annexed to the district. 3 18 c. The date, time, and place of the public hearing at 3 19 which the petition shall be considered by the county board of 3 20 supervisors. 3 21 d. That the county board of supervisors shall determine 3 22 the property to be annexed as described in the petition or 3 23 otherwise described and, for the purpose of describing the 3 24 property, the county board of supervisors may alter and amend 3 25 the petition. 3 26 2. A copy of the notice shall also be sent by mail to each 3 27 owner of each tract of land within the area to be annexed as 3 28 shown by the transfer books of the county auditor's office. 3 29 The mailings shall be to the last known address unless there 3 30 is on file an affidavit of the county auditor or of a person 3 31 designated by the board of supervisors to make the necessary 3 32 investigation, stating that an address is not known and that 3 33 diligent inquiry has been made to ascertain the address. The 3 34 copy of the notice shall be mailed not less than twenty days 3 35 before the date of the public hearing and the proof of service 4 1 shall be made by affidavit of the county auditor. The proof 4 2 of service shall be on file at the commencement of the public 4 3 hearing. 4 4 3. In lieu of the mailing to the last known address, a 4 5 person owning land to be annexed may file with the county 4 6 auditor a written instrument designating the owner's mailing 4 7 address for annexation purposes. The designated address is 4 8 effective for five years and applies to all annexation 4 9 proceedings pursuant to sections 358.26 through 358.29. 4 10 4. In lieu of publication or notice by mail, personal 4 11 service of the notice may be made upon an owner of land 4 12 proposed for annexation in the same manner as required for the 4 13 service of original notices in the district court. 4 14 Sec. 4. NEW SECTION. 358.28 ANNEXATION HEARING. 4 15 The board of supervisors to whom a petition filed pursuant 4 16 to section 358.26 is addressed shall preside at the public 4 17 hearing provided for in section 358.27 and shall continue the 4 18 hearing with adjournments from day to day until completed 4 19 without giving further notice of the hearing. A 4 20 representative of the sanitary district board of trustees 4 21 shall attend the public hearing and be available to answer 4 22 questions regarding the proposed annexation. The board of 4 23 supervisors may consider the property to be annexed, whether 4 24 the property shall be described as provided in the petition or 4 25 be otherwise described, and for the purpose of describing the 4 26 property, may amend the petition by limiting or changing the 4 27 property to be annexed as stated in the petition. The board 4 28 of supervisors shall adjust the property to be annexed as 4 29 needed to exclude land that has no reasonable likelihood of 4 30 benefit from inclusion in the area to be annexed. The 4 31 boundaries of the area to be annexed shall not be changed to 4 32 incorporate property which is not included in the petition 4 33 until the owner of the property is given notice of the 4 34 proposed annexation as provided in section 358.27. 4 35 All persons in the district and in the area to be annexed 5 1 shall have an opportunity to be heard regarding the proposed 5 2 annexation and make suggestions regarding the property to be 5 3 annexed. The board of supervisors, after hearing the 5 4 statements, evidence, and suggestions at the public hearing, 5 5 shall enter an order determining the property to be annexed 5 6 and directing that the question of annexation be submitted at 5 7 an election to the registered voters residing within the 5 8 district and within the area to be annexed. The order shall 5 9 fix a date for the election which shall be held not more than 5 10 sixty days after the date of the order. 5 11 Sec. 5. NEW SECTION. 358.29 NOTICE, ELECTION, AND 5 12 EXPENSES – COSTS. 5 13 1. In the order for the election pursuant to section 5 14 358.28, the board of supervisors shall direct the county 5 15 commissioner of elections to give notice of the election at 5 16 least twenty days before the date of election by publication 5 17 of the notice as provided in section 331.305. The notice 5 18 shall state the time and place of the election, the hours when 5 19 the polls will be open, the purpose of the election including 5 20 a description of the property to be annexed, a brief 5 21 description of the limits of each voting precinct, and the 5 22 location of polling places. Proof of publication shall be 5 23 made in the same manner as provided in section 358.27 and 5 24 filed with the county auditor. 5 25 2. Each registered voter who resides within the sanitary 5 26 district and each registered voter who resides in the area to 5 27 be annexed shall have the right to cast a ballot at the 5 28 election. A registered voter shall not vote in any precinct 5 29 except the precinct in which the voter resides. The ballots 5 30 at the election shall be in substantially the following form: 5 31 For annexation 5 32 Against annexation 5 33 3. The results of an election shall be noted on the 5 34 records of the county auditor. If a majority of the votes 5 35 cast on the question of annexation favors annexation, the 6 1 property contained in the area to be annexed shall be included 6 2 in the sanitary district. 6 3 4. An election held pursuant to this section shall be 6 4 conducted by the county commissioner of elections. All 6 5 expenses incurred in implementing sections 358.26 through 6 6 358.29, including the costs of an election as determined by 6 7 the county commissioner of elections, shall be paid by the 6 8 sanitary district. 6 9 6 10 6 11 6 12 RON J. CORBETT 6 13 Speaker of the House 6 14 6 15 6 16 6 17 MARY E. KRAMER 6 18 President of the Senate 6 19 6 20 I hereby certify that this bill originated in the House and 6 21 is known as House File 2175, Seventy-seventh General Assembly. 6 22 6 23 6 24 6 25 ELIZABETH ISAACSON 6 26 Chief Clerk of the House 6 27 Approved , 1998 6 28 6 29 6 30 6 31 TERRY E. BRANSTAD 6 32 Governor
Text: HF02174 Text: HF02176 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
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