Bill Text: IA HF2325 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act authorizing the severance of territory and transfer of services of a sanitary district by resolution. Effective 7-1-16.
Sponsorship: Committee Bill
Status: (Passed) 2016-03-23 - Signed by Governor. H.J. 547. [HF2325 Detail]
Download: Iowa-2015-HF2325-Enrolled.html
House File 2325 - Enrolled
HOUSE FILE
BY COMMITTEE ON LOCAL
GOVERNMENT
(SUCCESSOR TO HSB 619)
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A BILL FOR
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House File 2325
AN ACT
AUTHORIZING THE SEVERANCE OF TERRITORY AND TRANSFER OF SERVICES
OF A SANITARY DISTRICT BY RESOLUTION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 358.30A Severance of territory by
resolution.
1. The board of trustees of a sanitary district may by
resolution propose the severance of a portion of the sanitary
district's territory. The resolution shall specify the
boundaries of the territory sought to be severed and shall
propose another sanitary district or other governmental
entity to which responsibility for the services provided
by the sanitary district that adopted the resolution will
be transferred. Within ten days following adoption of the
resolution, the board of trustees shall file a copy of the
resolution with the board of trustees of the sanitary district
or the governing body of the other governmental entity to
which responsibility for the services provided by the sanitary
district seeking severance is proposed to be transferred.
2. a. At the next regular meeting of the board of
trustees following adoption of the resolution, the board of
trustees seeking severance shall set the time and place for
a public hearing on the proposed severance and transfer, and
any agreement between the sanitary district and the sanitary
district or governmental entity to which responsibility for
the services being provided will be transferred pursuant to
subsection 3. The board of trustees shall give notice to
interested persons of the resolution and of the public hearing
by publication as provided in section 331.305. Proof of
publication shall be filed with and preserved by the county
auditor. A copy of the notice shall also be sent by regular
mail to each owner of each tract of land within the area to be
severed, as shown by the transfer books of the county auditor's
office.
b. The notice of the public hearing shall include the
following information:
(1) That a resolution has been adopted proposing to sever
property from the sanitary district.
(2) A description of the property to be severed from the
sanitary district.
(3) Identification of the sanitary district or governmental
entity to which the responsibility for services will be
transferred and a description of such services.
(4) The date, time, and place of the public hearing at which
the severance and transfer will be considered.
3. a. Unless otherwise provided by an agreement under
paragraph "b", and upon approval of the severance and transfer
under subsection 4, the real and personal property of the
sanitary district located in the territory to be severed shall
be transferred to the sanitary district or governmental entity
assuming responsibility for services, and all liabilities,
indebtedness, and all other property of the sanitary district
outside of the territory to be severed shall remain with the
sanitary district seeking severance.
b. The sanitary district seeking severance and the sanitary
district or governmental entity to which the responsibility
for services will be transferred may enter into an agreement
for the transition of such services, the distribution and
transfer of assets located in the territory to be severed, and
the allocation of liabilities related to the territory to be
severed.
4. At the hearing, all persons interested in the matter of
the severance and transfer may appear and shall be heard and
the board of trustees shall receive evidence on the matter.
After hearing and reviewing the statements and evidence, if the
board of trustees determines that the public health, comfort,
convenience, or welfare will be promoted by the severance and
transfer and if the other sanitary district or governmental
entity has by resolution agreed to assume the duties,
responsibilities, and functions of the sanitary district, the
board of trustees of the sanitary district seeking severance
may approve or deny the severance and transfer by order of the
board of trustees. A decision of the board of trustees either
approving or denying the severance and transfer shall not occur
until at least two weeks have elapsed following the public
hearing. The order of the board of trustees approving or
denying the severance and transfer is not subject to approval
at an election.
5. When a severance and transfer has been approved by order
of the board of trustees, the order of the board of trustees
shall be filed in the office of the recorder. The severance
and transfer order shall be entered on the county records,
showing the date when the severance and transfer became
effective. Any agreement entered into under subsection 3 shall
also be filed along with, and as part of, the order of the board
of trustees.
6. The assumption of duties, responsibilities, and
functions by the sanitary district or other governmental entity
shall not affect or impair any rights or liabilities then
existing for or against either the sanitary district from which
the territory was severed or the assuming sanitary district or
governmental entity, and they may be enforced as provided in
this subchapter.
7. An action shall not be commenced to contest action of the
board of trustees of a sanitary district seeking severance
under this section unless it is brought within thirty days of
the entry of the severance and transfer order in the county
records.
LINDA UPMEYER
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2325, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2016
TERRY E. BRANSTAD
Governor
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