House
File
2325
-
Introduced
HOUSE
FILE
2325
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HSB
619)
A
BILL
FOR
An
Act
authorizing
the
severance
of
territory
and
transfer
of
1
services
of
a
sanitary
district
by
resolution.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5964HV
(1)
86
md/sc
H.F.
2325
Section
1.
NEW
SECTION
.
358.30A
Severance
of
territory
by
1
resolution.
2
1.
The
board
of
trustees
of
a
sanitary
district
may
by
3
resolution
propose
the
severance
of
a
portion
of
the
sanitary
4
district’s
territory.
The
resolution
shall
specify
the
5
boundaries
of
the
territory
sought
to
be
severed
and
shall
6
propose
another
sanitary
district
or
other
governmental
7
entity
to
which
responsibility
for
the
services
provided
8
by
the
sanitary
district
that
adopted
the
resolution
will
9
be
transferred.
Within
ten
days
following
adoption
of
the
10
resolution,
the
board
of
trustees
shall
file
a
copy
of
the
11
resolution
with
the
board
of
trustees
of
the
sanitary
district
12
or
the
governing
body
of
the
other
governmental
entity
to
13
which
responsibility
for
the
services
provided
by
the
sanitary
14
district
seeking
severance
is
proposed
to
be
transferred.
15
2.
a.
At
the
next
regular
meeting
of
the
board
of
16
trustees
following
adoption
of
the
resolution,
the
board
of
17
trustees
seeking
severance
shall
set
the
time
and
place
for
18
a
public
hearing
on
the
proposed
severance
and
transfer,
and
19
any
agreement
between
the
sanitary
district
and
the
sanitary
20
district
or
governmental
entity
to
which
responsibility
for
21
the
services
being
provided
will
be
transferred
pursuant
to
22
subsection
3.
The
board
of
trustees
shall
give
notice
to
23
interested
persons
of
the
resolution
and
of
the
public
hearing
24
by
publication
as
provided
in
section
331.305.
Proof
of
25
publication
shall
be
filed
with
and
preserved
by
the
county
26
auditor.
A
copy
of
the
notice
shall
also
be
sent
by
regular
27
mail
to
each
owner
of
each
tract
of
land
within
the
area
to
be
28
severed,
as
shown
by
the
transfer
books
of
the
county
auditor’s
29
office.
30
b.
The
notice
of
the
public
hearing
shall
include
the
31
following
information:
32
(1)
That
a
resolution
has
been
adopted
proposing
to
sever
33
property
from
the
sanitary
district.
34
(2)
A
description
of
the
property
to
be
severed
from
the
35
-1-
LSB
5964HV
(1)
86
md/sc
1/
5
H.F.
2325
sanitary
district.
1
(3)
Identification
of
the
sanitary
district
or
governmental
2
entity
to
which
the
responsibility
for
services
will
be
3
transferred
and
a
description
of
such
services.
4
(4)
The
date,
time,
and
place
of
the
public
hearing
at
which
5
the
severance
and
transfer
will
be
considered.
6
3.
a.
Unless
otherwise
provided
by
an
agreement
under
7
paragraph
“b”
,
and
upon
approval
of
the
severance
and
transfer
8
under
subsection
4,
the
real
and
personal
property
of
the
9
sanitary
district
located
in
the
territory
to
be
severed
shall
10
be
transferred
to
the
sanitary
district
or
governmental
entity
11
assuming
responsibility
for
services,
and
all
liabilities,
12
indebtedness,
and
all
other
property
of
the
sanitary
district
13
outside
of
the
territory
to
be
severed
shall
remain
with
the
14
sanitary
district
seeking
severance.
15
b.
The
sanitary
district
seeking
severance
and
the
sanitary
16
district
or
governmental
entity
to
which
the
responsibility
17
for
services
will
be
transferred
may
enter
into
an
agreement
18
for
the
transition
of
such
services,
the
distribution
and
19
transfer
of
assets
located
in
the
territory
to
be
severed,
and
20
the
allocation
of
liabilities
related
to
the
territory
to
be
21
severed.
22
4.
At
the
hearing,
all
persons
interested
in
the
matter
of
23
the
severance
and
transfer
may
appear
and
shall
be
heard
and
24
the
board
of
trustees
shall
receive
evidence
on
the
matter.
25
After
hearing
and
reviewing
the
statements
and
evidence,
if
the
26
board
of
trustees
determines
that
the
public
health,
comfort,
27
convenience,
or
welfare
will
be
promoted
by
the
severance
and
28
transfer
and
that
the
other
sanitary
district
or
governmental
29
entity
has
by
resolution
agreed
to
assume
the
duties,
30
responsibilities,
and
functions
of
the
sanitary
district,
the
31
board
of
trustees
of
the
sanitary
district
seeking
severance
32
may
approve
or
deny
the
severance
and
transfer
by
order
of
the
33
board
of
trustees.
A
decision
of
the
board
of
trustees
either
34
approving
or
denying
the
severance
and
transfer
shall
not
occur
35
-2-
LSB
5964HV
(1)
86
md/sc
2/
5
H.F.
2325
until
at
least
two
weeks
have
elapsed
following
the
public
1
hearing.
The
order
of
the
board
of
trustees
approving
or
2
denying
the
severance
and
transfer
is
not
subject
to
approval
3
at
an
election.
4
5.
When
a
severance
and
transfer
has
been
approved
by
order
5
of
the
board
of
trustees,
the
order
of
the
board
of
trustees
6
shall
be
filed
in
the
office
of
the
recorder.
The
severance
7
and
transfer
order
shall
be
entered
on
the
county
records,
8
showing
the
date
when
the
severance
and
transfer
became
9
effective.
Any
agreement
entered
into
under
subsection
3
shall
10
also
be
filed
along
with,
and
as
part
of,
the
order
of
the
board
11
of
trustees.
12
6.
The
assumption
of
duties,
responsibilities,
and
13
functions
by
the
sanitary
district
or
other
governmental
entity
14
shall
not
affect
or
impair
any
rights
or
liabilities
then
15
existing
for
or
against
either
the
sanitary
district
from
which
16
the
territory
was
severed
or
the
assuming
sanitary
district
or
17
governmental
entity,
and
they
may
be
enforced
as
provided
in
18
this
subchapter.
19
7.
An
action
shall
not
be
commenced
to
contest
action
of
20
the
board
of
trustees
of
a
sanitary
district
seeking
severance
21
under
this
section
unless
it
is
brought
within
thirty
days
of
22
the
entry
of
the
severance
and
transfer
order
in
the
county
23
records.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
Code
chapter
358
governs
the
establishment,
operation,
and
28
dissolution
of
sanitary
districts.
29
This
bill
establishes
a
procedure
by
which
a
portion
of
the
30
territory
of
a
sanitary
district
may
be
severed
and
transferred
31
to
another
sanitary
district
or
governmental
entity.
Under
32
the
bill,
the
board
of
trustees
of
a
sanitary
district
may
33
by
resolution
propose
the
severance
of
a
portion
of
the
34
sanitary
district’s
territory.
The
resolution
must
specify
35
-3-
LSB
5964HV
(1)
86
md/sc
3/
5
H.F.
2325
the
boundaries
of
the
territory
sought
to
be
severed
and
shall
1
propose
another
sanitary
district
or
other
governmental
entity
2
to
which
responsibility
for
the
services
provided
by
the
3
sanitary
district
seeking
severance
will
be
transferred.
The
4
board
of
trustees
must
then
file
a
copy
of
the
resolution
with
5
the
board
of
trustees
of
the
sanitary
district
or
the
governing
6
body
of
the
other
governmental
entity
to
which
responsibility
7
for
the
services
provided
by
the
sanitary
district
seeking
8
severance
is
proposed
to
be
transferred.
9
The
bill
also
requires
the
board
of
trustees
of
the
sanitary
10
district
seeking
severance
to
set
the
time
and
place
for
a
11
public
hearing
on
the
proposed
severance
and
transfer.
The
12
bill
establishes
notice
requirements
for
the
resolution
and
the
13
public
hearing.
14
Under
the
bill,
unless
otherwise
provided
by
an
agreement
15
between
the
sanitary
district
and
the
district
or
entity
to
16
which
responsibility
for
the
services
will
be
transferred,
the
17
real
and
personal
property
of
the
sanitary
district
located
18
in
the
territory
to
be
severed
shall
be
transferred
to
the
19
district
or
entity
assuming
responsibility
for
services,
and
20
all
liabilities,
indebtedness,
and
all
other
property
of
the
21
sanitary
district
outside
of
the
territory
to
be
severed
shall
22
remain
with
the
sanitary
district
that
adopted
the
resolution.
23
After
the
public
hearing,
if
the
board
of
trustees
24
determines
that
the
public
health,
comfort,
convenience,
or
25
welfare
will
be
promoted
by
the
severance
and
transfer
and
26
that
the
other
sanitary
district
or
governmental
entity
has
by
27
resolution
agreed
to
assume
the
duties,
responsibilities,
and
28
functions
of
the
sanitary
district,
the
board
of
trustees,
no
29
earlier
than
two
weeks
after
the
hearing,
may
approve
or
deny
30
the
severance
and
transfer
by
order
of
the
board
of
trustees.
31
The
order
of
the
board
of
trustees
approving
or
denying
32
the
severance
and
transfer
is
not
subject
to
approval
at
an
33
election.
When
a
severance
and
transfer
has
been
approved
by
34
order
of
the
board
of
trustees,
the
order
shall
be
filed
in
the
35
-4-
LSB
5964HV
(1)
86
md/sc
4/
5
H.F.
2325
office
of
the
recorder
along
with
any
agreement
between
the
1
severing
sanitary
district
and
the
assuming
district
or
entity.
2
The
bill
also
provides
that
an
action
shall
not
be
commenced
3
to
contest
action
of
the
board
of
trustees
seeking
severance
4
under
the
bill
unless
it
is
brought
within
30
days
of
the
entry
5
of
the
severance
and
transfer
order
on
the
county
record.
6
-5-
LSB
5964HV
(1)
86
md/sc
5/
5