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PAG LIN
1 1 Section 1. Section 358.16, unnumbered paragraph 2, Code
1 2 1997, is amended to read as follows:
1 3 The board of trustees, however, may upon such petition of
1 4 property owners representing at least twenty-five percent of
1 5 the valuation of property not included within the district as
1 6 constituted which seeks benefit from the operation of such
1 7 sanitary district, include such property and the area involved
1 8 within the limits of such sanitary district, and such added
1 9 areas shall be subject to the same taxation as other portions
1 10 of the district. This procedure is in addition to the
1 11 procedure provided in section 358.16A.
1 12 Sec. 2. NEW SECTION. 358.16A ADDING ADDITIONAL PROPERTY
1 13 – LIMITATIONS.
1 14 1. When a city, which includes all or a part of a sanitary
1 15 district, has annexed property, all or a part of the
1 16 boundaries of the sanitary district may be extended to be
1 17 coterminous with boundaries of the city.
1 18 2. The board of trustees of a sanitary district which has
1 19 boundaries coterminous with all or part of the boundaries of a
1 20 city, may extend its boundaries so as to include property
1 21 which is not located in the city if such property is located
1 22 within the same watershed as the sanitary district and the
1 23 purpose is to protect the watershed.
1 24 3. The board of trustees of a sanitary district which has
1 25 property located in a watershed and which includes city
1 26 property, may extend its boundaries to include agricultural
1 27 property in the sanitary district if the purpose is to provide
1 28 for economic development.
1 29 4. An owner of property outside a sanitary district may
1 30 petition to be attached to a sanitary district if the property
1 31 is contiguous to the sanitary district and the property can be
1 32 economically served by the facilities of the district. The
1 33 petition must be approved by the board of trustees.
1 34 5. The board of trustees of a sanitary district shall,
1 35 before taking final action under subsection 1, 2, 3, or 4,
2 1 give notice and provide a hearing for persons affected by the
2 2 extension of its boundaries. Following the hearing, the board
2 3 may by ordinance, resolution, order, or rule establish the
2 4 boundaries, in whole or in part, as provided in the notice.
2 5 The effective date of establishment of the boundaries shall be
2 6 as specified in the ordinance, resolution, order, or rule and
2 7 pursuant to section 358.13.
2 8 6. If the addition of property in subsection 1, 2, 3, or 4
2 9 is approved, the tax levy for the next year shall be applied
2 10 to the property which shall be subject to the same taxation as
2 11 other portions of the district as provided in section 358.18.
2 12 However, agricultural land as defined in section 426.2 shall
2 13 not be subject to taxation if there is no benefit received by
2 14 the property as a result of its inclusion in the sanitary
2 15 district.
2 16 EXPLANATION
2 17 This bill provides methods for a sanitary district to
2 18 expand its boundaries. It allows the sanitary district to
2 19 have the same boundaries as a city it serves. In addition, it
2 20 allows a sanitary district to provide service to protect a
2 21 watershed and for the purpose of encouraging economic
2 22 development.
2 23 In subsection 2 of new Code section 358A.16A, the bill
2 24 allows a sanitary district with all or part of the same
2 25 boundaries as a city to extend its boundaries so as to include
2 26 property outside the city if the property constitutes a part
2 27 of the same watershed protected by the sanitary district.
2 28 In subsection 3 of new Code section 358A.16A a sanitary
2 29 district which includes both city property and property within
2 30 a watershed is allowed to extend its boundaries to include
2 31 agricultural property if the purpose is economic development;
2 32 however, subsection 6 of new Code section 358A.16A provides
2 33 for no taxation of agricultural property on behalf of the
2 34 sanitary district if the property receives no benefit as a
2 35 result of being a part of the sanitary district.
3 1 Subsection 4 of new Code section 358A.16A provides a
3 2 procedure for voluntary inclusion of property in a sanitary
3 3 district. Subsection 5 of new Code section 358A.16A provides
3 4 for a notice and hearing procedure. Subsection 6 of new Code
3 5 section 358A.16A relates to the tax levy of the district.
3 6 LSB 1653SC 77
3 7 tj/cf/24
Text: SSB00041 Text: SSB00043 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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