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Text: HSB00093                          Text: HSB00095
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House Study Bill 94

Bill Text

PAG LIN
  1  1    Section 1.  Section 358.5, unnumbered paragraph 1, Code
  1  2 1997, is amended to read as follows:
  1  3    The board of supervisors to whom the petition is addressed
  1  4 shall preside at the hearing provided for in section 358.4 and
  1  5 shall continue the hearing in session, with adjournments from
  1  6 day to day, if necessary, until completed, without being
  1  7 required to give any further notice of the hearing.  Proof of
  1  8 the residences and qualifications of the petitioners as
  1  9 eligible electors shall be made by affidavit or otherwise as
  1 10 the board may direct.  The board may consider the boundaries
  1 11 of a proposed sanitary district, whether they shall be as
  1 12 described in the petition or otherwise, and for that purpose
  1 13 may alter and amend the petition and limit or change the
  1 14 boundaries of the proposed district as stated in the petition.
  1 15 The board shall adjust the boundaries of a proposed district
  1 16 as needed to exclude land that has no reasonable likelihood of
  1 17 benefit from inclusion in the proposed district.  The
  1 18 boundaries of a proposed district shall not be changed to
  1 19 incorporate property not included in the original petition and
  1 20 published notice until the owner of the property is given
  1 21 notice of inclusion as on the original hearing.  All persons
  1 22 in the proposed district shall have an opportunity to be heard
  1 23 regarding the location and boundaries of the proposed district
  1 24 and to make suggestions regarding the location and boundaries,
  1 25 and the board of supervisors, after hearing the statements,
  1 26 evidence and suggestions made and offered at the hearing,
  1 27 shall enter an order fixing and determining the limits and
  1 28 boundaries of the proposed district and directing that an
  1 29 election be held for the purpose of submitting to the
  1 30 registered voters owning land residing within the boundaries
  1 31 of the proposed district the question of organization and
  1 32 establishment of the proposed sanitary district as determined
  1 33 by said the board of supervisors.  The order shall fix a date
  1 34 for the election not more than sixty days after the date of
  1 35 the order.  
  2  1                           EXPLANATION
  2  2    This bill corrects an internal conflict in Code section
  2  3 358.5 by providing that all registered voters residing rather
  2  4 than owning land within a proposed sanitary district may vote
  2  5 on the question of whether to establish the sanitary district.  
  2  6 LSB 1689HC 77
  2  7 sc/cf/24
     
Text: HSB00093                          Text: HSB00095
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