Iowa Code § 358.40

Dissolution
Open in Lexace · Ask the AI about this section
1. After three years from the establishment of a sanitary district, a petition may be filedin the office of the county auditor, addressed to the board of supervisors, signed by a majority of persons owning land in the district and who in aggregate own at least sixty percent of the land in the district.The petition shall include the above facts and recite each of the following: a. That more than three years has passed since the date of the election which established the district. b. That there are no bonds or other evidences of indebtedness outstanding against the district, or if there is indebtedness, the petition shall contain a plan of dissolution which makes adequate provisions for payment of the indebtedness. c. That a construction contract has not been letor work done on any improvements in the districtor ifeither has occurred, the petition shall contain a plan of dissolution which makes adequate provisions for payment of the contract price or for the work. 2. All costs and expenses of the district shall be assessed against the district before dissolution by the levy of an annual tax necessary to accomplish payment, but the levy shall not exceed the rate provided in this section. 3. The board shall examine the petition at its next meeting after itsfiling or within twenty days of the filing, whichever date is earlier. Within ten days of the meeting, the board shall publish notice of the petition and the date, time, and place of the meeting at which time the board proposes to take action on the petition. The notice shall be published in a newspaper of general circulation published in the district and, if no newspaper is published within the district, in a newspaper published in the county in which the major part of the district is located. At the board’s meeting, or subsequent meetings as necessary, if the petition isfound tocomply with the requirements ofthis section and the board of trustees consents by majority vote, the board of supervisors may provide for payment as requested or modify the method of payment of costs and expenses. 4. Ifthe board decides that dissolution is warranted for the best interest of the public, it shall publish a notice in a newspaper of general circulation published in the district or, ifno newspaper is published in the district, in a newspaper published in the county in which the major part of the district islocated and give notice by mail to allknown claimants or creditors of the district that it will receive and adjudicate claims against the district for four months from the date the notice ispublished and shall levy an annual tax as necessary against all property in the district for the number of years required to pay all claims allowed. However, the annual tax levied under this subsection shall not exceed four dollars per thousand dollars ofassessed valuation of the taxable property within the districtat the time of dissolution. The levy shall be made in the same manner as provided in section 76.2. After the board makes a specific finding that allindebtedness, costs, and expenses have been paid or levies approved for their payment, the board shall dissolve the district by resolution entered upon its records. The dissolution order shall be noted by the auditor on the county records, showing the date when the dissolution became effective. 5. The records of a dissolved districtincluding, but not limited to, copies of allengineering filesand work undertaken by engineers of a dissolved district, shall be deposited with the county auditor of the county designated by the board. Any remaining balances shall be deposited in the general fund of the county designated by the board. All other assets of the dissolved district shall become, by dissolution, assets of the county. 6. An action shall not be commenced to contest action of the board of supervisors under this section in adjudicating claims, providing for the levy of a tax, or dissolving the district unless it is brought within thirty days of the entry of the dissolution order on the county record.

‹ Prev All Iowa sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.