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 th
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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
15 SANITARY DISTRICTS, §358.30A
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) Identificationofthesanitarydistrictorgovernmentalentitytowhichtheresponsibility
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
appearandshallbeheardandtheboardoftrusteesshallreceiveevidenceonthematter. 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
assumetheduties, responsibilities, andfunctionsofthesanitarydistrict, theboardoftrustees
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. Anactionshallnotbecommencedtocontestactionoftheboardoftrusteesofasanitary
districtseekingseveranceunderthissectionunlessitisbroughtwithinthirtydaysoftheentry
of the severance and transfer order in the county records.