CHAPTER 357C
STREET LIGHTING DISTRICTS

Referred to in §331.382

  
     
357C.1  Definitions.
  As used in this chapter, unless the context otherwise requires, “book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.
2000 Acts, ch 1148, §1

     
357C.1A  Petition for public hearing.
  1.  The board of supervisors of any county shall, on the petition of twenty-five percent of the resident property owners in any proposed benefited street lighting district if the assessed valuation of the property owned by the petitioners represents at least twenty-five percent of the total assessed value of the proposed district, or the board of supervisors of any county with a population in excess of two hundred fifty thousand persons shall, on the petition of twenty-five percent of the resident property owners in any proposed benefited lighting district, hold a public hearing concerning the establishment of such proposed street lighting district. Such a petition shall include a statement containing the following:
  a.  The need for street lighting service.
  b.  The district to be served.
  c.  The approximate number of families in the district.
  d.  The proposed utility to provide the street lighting service.
  2.  The board of supervisors may require a bond of the petitioners conditioned for the payment of all costs and expenses incurred in the proceedings in case the street lighting district is not established.
[C71, 73, 75, 77, 79, 81, §357C.1]
C2001, §357.1A
2010 Acts, ch 1061, §180

     
357C.2  Limitation on area.
  A benefited street lighting district may include all or portions of the unincorporated areas of one township and any unincorporated areas of adjoining townships or portions thereof. However, such district shall contain only such area wherein the benefits derived from such street lighting shall be ratably spread between those people and families to be served.
[C71, 73, 75, 77, 79, 81, §357C.2]

     
357C.3  Time of hearing — notice.
  The public hearing shall be held within thirty days of the presentation of the petition. Notice of hearing shall be given by publication as provided in section 331.305.
[C71, 73, 75, 77, 79, 81, §357C.3]
87 Acts, ch 43, §9

     
357C.4  Action by board.
  After the hearing, the board of supervisors may by resolution establish the benefited street lighting district or disallow the petition. The board of supervisors may defer action on such petition for not to exceed ten days after the day first set for a hearing.
[C71, 73, 75, 77, 79, 81, §357C.4]

     
357C.5  Engineer.
  1.  When the board of supervisors shall have established a benefited street lighting district, they shall appoint a competent disinterested civil engineer, who shall prepare a preliminary plat showing:
  a.  The proper design in general outline of the district.
  b.  The lots and parcels of land within the proposed district as they appear on the county auditor’s plat books with the names of the owners.
  c.  The assessed valuation of said lots and parcels.
  2.  The compensation of such engineer on the preliminary investigation shall be determined by the board of supervisors. The engineer shall file a report with the county auditor within thirty days of the engineer’s appointment. The board of supervisors may extend such time upon good cause shown.
[C71, 73, 75, 77, 79, 81, §357C.5]
2010 Acts, ch 1061, §180

     
357C.6  Hearing on engineer’s report.
  After the engineer’s report is filed, the board of supervisors shall give notice in the same manner as for the original hearing, of a public hearing to be held concerning the engineer’s preliminary plat. On the day set for such hearing, or within ten days thereafter, the board of supervisors shall approve or disapprove the preliminary plat. The board of supervisors may make changes in the boundaries as they appear on the engineer’s report.
[C71, 73, 75, 77, 79, 81, §357C.6]

     
357C.7  Election on proposed levy and candidates for trustees.
  When a preliminary plat has been approved by the board of supervisors, an election shall be held within the district within sixty days to approve or disapprove the levy of a tax of not more than fifty-four cents per thousand dollars of assessed value on all the taxable property within the district, and to choose candidates for the offices of trustees of the district. Notice of the election, including the time and place of holding the same, shall be given in the same manner as for the original public hearing as provided herein. The vote shall be by ballot which shall state clearly the proposition to be voted upon, and any registered voter residing within the district at the time of the election shall be entitled to vote. It shall not be mandatory for the county commissioner of elections to conduct elections held pursuant to this chapter, but they shall be conducted in accordance with the provisions of chapter 49 where not in conflict with this chapter. Judges shall be appointed to serve without pay by the board of supervisors from among the registered voters of the district who will have charge of the election. The proposition shall be deemed to have carried if sixty percent of those voting thereon vote in favor of same.
[C71, 73, 75, 77, 79, 81, §357C.7]
94 Acts, ch 1169, §64

     
357C.8  Trustees — term and qualification.
  At the election, the names of candidates for trustee shall be written in by the voters on blank ballots without formal nomination, and the board of supervisors shall appoint three from among the five receiving the highest number of votes as trustees for the district; one to serve for one year, one for two years, and one for three years. The trustees and their successors must be residents of the district and shall give bond in the amount which the board of supervisors may require, the premium of which shall be paid by the district the trustees represent. Vacancies may thereafter be filled by election, or by appointment by the board of supervisors. The term of succeeding trustees shall be for three years.
[C71, 73, 75, 77, 79, 81, §357C.8]
91 Acts, ch 111, §3

     
357C.9  Trustees’ powers.
  The trustees may purchase street lighting service and facilities and may levy an annual tax not to exceed fifty-four cents per thousand dollars of assessed value for the purpose of exercising the powers granted in this chapter. This levy shall be optional with the trustees, but no levy shall be made unless first approved by the voters as provided herein. The trustees may purchase material, employ labor, and may perform all other acts necessary to properly maintain and operate the benefited street lighting district. The trustees shall be allowed necessary expenses in the discharge of the duties, but shall not receive any salary.
[C71, 73, 75, 77, 79, 81, §357C.9]

     
357C.10  Bonds in anticipation of revenue.
  Benefited street lighting districts may anticipate the collection of taxes by the levy herein provided, and to carry out the purposes of this chapter may issue bonds payable in not more than ten equal installments, with the rate of interest thereon not exceeding that permitted by chapter 74A. No indebtedness shall be incurred under this chapter until authorized by an election. Such election shall be held and notice given in the same manner as the election provided herein for the authorization of a tax levy, and the same sixty percent vote shall be necessary to authorize indebtedness. Subject to section 39.2, subsection 4, both propositions may be submitted to the voters in the same election.
[C71, 73, 75, 77, 79, 81, §357C.10]
2023 Acts, ch 71, §125, 136
2023 amendment applies July 1, 2023, for elections on propositions relating to the issuing of bonds or other indebtedness occurring on or after that date; 2023 Acts, ch 71, §136

     
357C.11  Dissolution of district.
  Upon petition of thirty-five percent of the resident eligible electors, the board of supervisors may dissolve a benefited street lighting district and dispose of any remaining property, proceeds of which shall first be applied against outstanding obligations and any balance shall be applied to tax credit of property owners of the district. However, if the district is annexed, the board of supervisors may transfer the remaining property and balance to the city which annexed the district. The board of supervisors shall continue to levy tax after dissolution of a district, of not to exceed fifty-four cents per thousand dollars of assessed value on all the taxable property of the district, until all outstanding obligations of the district are paid.
[C71, 73, 75, 77, 79, 81, §357C.11]
91 Acts, ch 111, §4

     
357C.12  Adding property to district.
  The owner of any property in an unincorporated area immediately contiguous to the boundaries of any established benefited street lighting district may petition the board of supervisors to be included in the district. Upon receipt of such petition the board shall submit the request to a competent disinterested civil engineer to investigate the feasibility of adding such additional territory and to make a report to the board. If the board agrees that said property should be added to the district, the tax levy for the next year shall be applied to said property and on the first day of the said next year said property shall be considered a part of the district. If the benefited street lighting district lies in more than one county the joint action of the boards of supervisors shall be required to add additional territory.
[C71, 73, 75, 77, 79, 81, §357C.12]

     
357C.13  Determination of fee.
  1.  The owner of any property joining an established benefited street lighting district shall pay to the board of trustees of the district an initial fee to be computed as follows:
  a.  The board of trustees shall first determine fair market value of all property and improvements owned by the benefited street lighting district, less any indebtedness.
  b.  The board shall then determine the assessed value of all property in said district. This shall be divided into the value determined in paragraph “a”.
  c.  The board shall determine the assessed value of the property of each landowner joining the established district.
  d.  The result obtained in paragraph “b” shall be multiplied by the result obtained in paragraph “c”. The result shall be the initial fee to be charged each landowner.
  2.  The initial fees paid to the district trustees shall be used to help defray the cost and maintenance of the district’s street lighting service.
[C71, 73, 75, 77, 79, 81, §357C.13]
2010 Acts, ch 1061, §144