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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 25and the. The board of supervisors, after hearing the 1 26 statements, evidence and suggestions made and offered at the 1 27 hearing, shall enter an order fixing and determining the 1 28 limits and boundaries of the proposed district and directing 1 29 that an election be held for the purpose of submitting to the 1 30 registered votersowning landresiding 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 bysaidthe 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 Sec. 2. Section 358.16, unnumbered paragraph 2, Code 1997, 2 2 is amended by striking the unnumbered paragraph. 2 3 Sec. 3. NEW SECTION. 358.26 ANNEXATION. 2 4 1. The board of trustees may, or upon request of property 2 5 owners representing twenty-five percent of the valuation of 2 6 the property to be annexed shall file a petition in the office 2 7 of county auditor of the county in which the property to be 2 8 annexed or the major part of the property is located, 2 9 requesting that there be submitted to the voters of the 2 10 existing district and the area to be annexed the question 2 11 whether the territory proposed to be annexed should be annexed 2 12 to the sanitary district. The board of supervisors of the 2 13 county in which the property to be annexed, or the major part 2 14 of the property is located, shall have jurisdiction of the 2 15 proceedings on the petition. 2 16 2. The petition shall be addressed to the board of 2 17 supervisors of the county in which the property to be annexed 2 18 or the major part of the property is located and shall include 2 19 the following: 2 20 a. An intelligible description of the property to be 2 21 annexed to the sanitary district. 2 22 b. A statement that the public health, comfort, 2 23 convenience, or welfare will be promoted by the annexation of 2 24 the property. 2 25 c. The signatures of the president and the clerk of the 2 26 board of trustees. 2 27 Sec. 4. NEW SECTION. 358.27 HEARING ON ANNEXATION – 2 28 DATE AND NOTICE. 2 29 1. The board of supervisors to which a petition filed 2 30 pursuant to section 358.26 is addressed, at its next meeting, 2 31 shall set the time and place for a public hearing on the 2 32 petition. The board of supervisors shall direct the county 2 33 auditor to give notice to interested persons of the pendency 2 34 and content of the petition and of the public hearing by 2 35 publication of a notice as provided in section 331.305. Proof 3 1 of publication shall be filed with and preserved by the county 3 2 auditor. The notice of the public hearing shall include the 3 3 following information: 3 4 a. That a petition has been filed with the county auditor 3 5 proposing to annex property to the district. 3 6 b. An intelligible description of the property to be 3 7 annexed to the district. 3 8 c. The date, time, and place of the public hearing at 3 9 which the petition shall be considered by the county board of 3 10 supervisors. 3 11 d. That the county board of supervisors shall determine 3 12 the property to be annexed as described in the petition or 3 13 otherwise described and, for the purpose of describing the 3 14 property, the county board of supervisors may alter and amend 3 15 the petition. 3 16 2. A copy of the notice shall also be sent by mail to each 3 17 owner, without naming the owners, of each tract of land within 3 18 the area to be annexed as shown by the transfer books of the 3 19 county auditor's office. The mailings shall be to the last 3 20 known address unless there is on file an affidavit of the 3 21 county auditor or of a person designated by the board of 3 22 supervisors to make the necessary investigation, stating that 3 23 an address is not known and that diligent inquiry has been 3 24 made to ascertain the address. The copy of the notice shall 3 25 be mailed not less than twenty days before the date of the 3 26 public hearing and the proof of service shall be made by 3 27 affidavit of the county auditor. The proof of service shall 3 28 be on file at the commencement of the public hearing. 3 29 3. In lieu of the mailing to the last known address, a 3 30 person owning land to be annexed may file with the county 3 31 auditor a written instrument designating the owner's mailing 3 32 address for annexation purposes. The designated address is 3 33 effective for five years and applies to all annexation 3 34 proceedings pursuant to sections 358.26 through 358.29. 3 35 4. In lieu of publication or notice by mail, personal 4 1 service of the notice may be made upon an owner of land 4 2 proposed for annexation in the same manner as required for the 4 3 service of original notices in the district court. 4 4 Sec. 5. NEW SECTION. 358.28 ANNEXATION HEARING. 4 5 The board of supervisors to whom a petition filed pursuant 4 6 to section 358.26 is addressed shall preside at the public 4 7 hearing provided for in section 358.27 and shall continue the 4 8 hearing with adjournments from day to day until completed 4 9 without giving further notice of the hearing. The board of 4 10 supervisors may consider the property to be annexed, whether 4 11 the property shall be described as provided in the petition or 4 12 be otherwise described, and for the purpose of describing the 4 13 property, may amend the petition by limiting or changing the 4 14 property to be annexed as stated in the petition. The board 4 15 of supervisors shall adjust the property to be annexed as 4 16 needed to exclude land that has no reasonable likelihood of 4 17 benefit from inclusion in the area to be annexed. The 4 18 boundaries of the area to be annexed shall not be changed to 4 19 incorporate property which is not included in the petition 4 20 until the owner of the property is given notice of the 4 21 proposed annexation as provided in section 358.27. 4 22 All persons in the district and in the area to be annexed 4 23 shall have an opportunity to be heard regarding the proposed 4 24 annexation and make suggestions regarding the property to be 4 25 annexed. The board of supervisors, after hearing the 4 26 statements, evidence, and suggestions at the public hearing, 4 27 shall enter an order determining the property to be annexed 4 28 and directing that the question of annexation be submitted at 4 29 an election to the registered voters residing within the 4 30 district and within the area to be annexed. The order shall 4 31 fix a date for the election which shall be held not more than 4 32 sixty days after the date of the order. 4 33 Sec. 6. NEW SECTION. 358.29 NOTICE, ELECTION, AND 4 34 EXPENSES – COSTS. 4 35 1. In the order for the election pursuant to section 5 1 358.28, the board of supervisors shall direct the county 5 2 commissioner of elections to give notice of the election at 5 3 least twenty days before the date of election by publication 5 4 of the notice as provided in section 331.305. The notice 5 5 shall state the time and place of the election, the hours when 5 6 the polls will be open, the purpose of the election including 5 7 a description of the property to be annexed, a brief 5 8 description of the limits of each voting precinct, and the 5 9 location of polling places. Proof of publication shall be 5 10 made in the same manner as provided in section 358.27 and 5 11 filed with the county auditor. 5 12 2. Each registered voter who resides within the sanitary 5 13 district and each registered voter who resides in the area to 5 14 be annexed shall have the right to cast a ballot at the 5 15 election. A registered voter shall not vote in any precinct 5 16 except the precinct in which the voter resides. The ballots 5 17 at the election shall be in substantially the following form: 5 18 For annexation ________ 5 19 Against annexation ________ 5 20 3. The results of an election shall be noted on the 5 21 records of the county auditor. If a majority of the votes 5 22 cast on the question of annexation favors annexation, the 5 23 property contained in the area to be annexed shall be included 5 24 in the sanitary district. 5 25 4. An election held pursuant to this section shall be 5 26 conducted by the county commissioner of elections. All 5 27 expenses incurred in implementing sections 358.26 through 5 28 358.29, including the costs of an election as determined by 5 29 the county commissioner of elections, shall be paid by the 5 30 sanitary district. 5 31 EXPLANATION 5 32 This bill removes a conflict relating to the qualifications 5 33 of registered voters who may vote on the creation of a 5 34 sanitary district. Currently, Code section 358.5 specifies 5 35 that all registered voters owning land within the proposed 6 1 district may vote, while Code section 358.7 allows registered 6 2 voters residing in the proposed district to vote. Code 6 3 section 358.5 is amended to match Code section 358.7 which 6 4 allows registered voters residing within the proposed district 6 5 to vote on the question. 6 6 The bill also strikes a paragraph which allows annexation 6 7 of property to a sanitary district upon petition of property 6 8 owners representing at least 25 percent of the valuation of 6 9 property not included within the district which seeks benefit 6 10 from the operation of the district. The provisions of this 6 11 paragraph are replaced by Code sections 358.26 through 358.29. 6 12 This bill provides procedures for a sanitary district or 6 13 property owners representing 25 percent of the valuation of 6 14 the property to be annexed to initiate proceedings to 6 15 accomplish an annexation of property to a sanitary district. 6 16 A petition must be addressed by the board of trustees to the 6 17 board of supervisors of the county in which the property to be 6 18 annexed, or the major part of the property, is located. The 6 19 petition shall include a description of the property to be 6 20 annexed. 6 21 Upon receipt of the petition, the board of supervisors 6 22 shall direct the county auditor to give notice by publication 6 23 of a public hearing on the annexation proposal to interested 6 24 persons. The notice shall include a description of the 6 25 property to be annexed and the date, time, and place of the 6 26 public hearing. The board of supervisors shall review the 6 27 description of the property to be annexed and may alter and 6 28 amend the description to improve its accuracy and 6 29 intelligibility. A copy of the published notice shall also be 6 30 sent to each owner of each tract of land to be annexed as 6 31 shown on the transfer books of the county auditor. 6 32 At the public hearing, all interested persons shall be 6 33 allowed to comment and make recommendations concerning the 6 34 proposed annexation. The board of supervisors shall adjust 6 35 the property to be annexed by removing land that has no 7 1 reasonable likelihood of benefit from inclusion. The board of 7 2 supervisors shall not add any property which is not included 7 3 in the petition without giving the affected property owners 7 4 the same notice as the other property owners were given. 7 5 At the conclusion of the public hearing, the board of 7 6 supervisors shall issue an order for an election on the 7 7 proposed annexation within 60 days. Each registered voter 7 8 residing in the sanitary district or the area to be annexed is 7 9 eligible to vote. If a majority of the votes cast on the 7 10 question of annexation favors annexation, the annexation takes 7 11 effect. The costs of annexation proceedings, including the 7 12 costs of an election, shall be paid by the sanitary district. 7 13 LSB 3212SS 77 7 14 tj/cf/24.2
Text: SF02070 Text: SF02072 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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