reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357I - BENEFITED SECONDARY ROAD SERVICES DISTRICTS › Section 357I.8 - Election on proposed levy and candidates for trustees.

357I.8 Election on proposed levy and candidates for trustees.
When a preliminary plat has been approved by the board, an election shall be held within the district within sixty days to approve or disapprove the levy of a tax not to exceed in any fiscal year one dollar 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 election, shall be given as provided in section 357I.4. 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 may vote. It is not mandatory for the county commissioner of elections to conduct elections held pursuant to this chapter, but the elections shall be conducted in accordance with chapter 49 where not in conflict with this chapter. Judges shall be appointed to serve without pay by the board from among the registered voters of the district to be in charge of the election. The proposition is approved if sixty percent of those voting on the proposition vote in favor of it.
2008 Acts, ch 1124, §28
Referred to in §357I.10, 357I.11, 357I.12
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357I - BENEFITED SECONDARY ROAD SERVICES DISTRICTS › Section 357I.9 - Trustees — term and qualification.

357I.9 Trustees — term and qualification.
At the election, the names of up to three candidates for trustee shall be written in by the voters on blank ballots without formal nomination and the board shall appoint three from among the five receiving the highest number of votes as trustees for the district. One trustee shall be appointed 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 required by the board, the premium of which shall be paid by the district. Vacancies shall be filled by election, but if there are no candidates for a trustee office, the vacancy may be filled by appointment by the board. The term of succeeding trustees shall be three years.
2008 Acts, ch 1124, §29
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357I - BENEFITED SECONDARY ROAD SERVICES DISTRICTS › Section 357I.10 - Trustees’ powers.

357I.10 Trustees’ powers.
The trustees may contract only with the county to provide road services including road paving, reconstruction, or maintenance, according to the county’s standards for such services, on roads within the district and on any road outside the district that provides a direct route between the subdivision comprising the district and the nearest paved street or highway, other than roads identified under section 357I.2, subsection 3, and may certify for levy an annual tax as provided in section 357I.8. The trustees may purchase materials incidental to the administrative functions of the trustees and perform all other acts necessary to properly maintain and operate the district. The trustees are allowed necessary expenses in the discharge of their duties, but they shall not receive a salary.
2008 Acts, ch 1124, §30
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357I - BENEFITED SECONDARY ROAD SERVICES DISTRICTS › Section 357I.11 - Revenues excluded from county general fund transfers.

357I.11 Revenues excluded from county general fund transfers.
The amount of revenue collected from the tax levied pursuant to section 357I.8 shall not be included in the calculation of property tax revenues transferred to the secondary road fund annually under section 331.429.
2008 Acts, ch 1124, §31
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357I - BENEFITED SECONDARY ROAD SERVICES DISTRICTS › Section 357I.12 - Bonds in anticipation of revenue.

357I.12 Bonds in anticipation of revenue.
A district may anticipate the collection of taxes by the levy authorized in this chapter, 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 not exceeding that permitted by chapter 74A. An indebtedness shall not be incurred under this chapter until authorized by an election. The election shall be held and notice given in the same manner as provided in section 357I.8, and the same sixty percent vote shall be necessary to authorize indebtedness. Both propositions may be submitted to the voters at the same election.
2008 Acts, ch 1124, §32
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357I - BENEFITED SECONDARY ROAD SERVICES DISTRICTS › Section 357I.13 - Dissolution of district.

357I.13 Dissolution of district.
Upon petition of thirty-five percent of the resident eligible electors, the board may dissolve a district and dispose of any remaining property, the 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 territory. The board shall continue to levy a tax after dissolution of a district, of not to exceed twenty-seven cents per thousand dollars of assessed value on all the taxable property of the district, until all outstanding obligations of the district are paid.
2008 Acts, ch 1124, §33
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357I - BENEFITED SECONDARY ROAD SERVICES DISTRICTS › Section 357I.14 - Incorporation of district land.

357I.14 Incorporation of district land.
If part of a district is incorporated by a city and there are outstanding indebtedness obligations against the district, the city shall pay the outstanding obligations against the part of the district which is incorporated by the city.
2008 Acts, ch 1124, §34
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357J - EMERGENCY RESPONSE DISTRICTS › Section 357J.1 - Authorization and purpose.

357J.1 Authorization and purpose.
1. This chapter authorizes the establishment of emergency response districts.
2. The purpose of this chapter is to do all of the following:
a. Serve a public use and promote the health, safety, prosperity, security, and general welfare of the citizens of emergency response districts by preventing or reducing duplication, overlap, and fragmentation of the functions and facilities of special districts.
b. Better serve the citizens of the state through consolidation.
c. Reduce costs and increase efficiency of operation.
2008 Acts, ch 1152, §1; 2022 Acts, ch 1017, §1
Section amended
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357J - EMERGENCY RESPONSE DISTRICTS › Section 357J.2 - Definitions.

357J.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Commission” means a governing body composed of a member or designee of each governmental entity that is a member of the emergency response district.
2. “District” means an emergency response area.
3. “Governmental entity” means a county, city, or township.
2008 Acts, ch 1152, §2; 2022 Acts, ch 1017, §2
Referred to in §357J.11
Section amended
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357J - EMERGENCY RESPONSE DISTRICTS › Section 357J.3 - Notification of public hearing.

357J.3 Notification of public hearing.
1. Each governmental entity intending to participate in an emergency response district shall issue a notice of intent to hold a public hearing concerning the establishment of a proposed district. The hearing shall not be held until at least thirty days after the notice is issued but not more than ninety days after the notice is issued.
2. Notice required under subsection 1 shall include all of the following information:
a. A statement explaining the need for fire protection service or emergency medical service.
b. The geographic boundaries of the district.
c. The approximate number of families in the district.
d. The proposed personnel, equipment, and facilities to provide the fire protection services or emergency medical services.
e. The date, time, and location of the public hearing.
2008 Acts, ch 1152, §3; 2022 Acts, ch 1017, §3
Section stricken and rewritten
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357J - EMERGENCY RESPONSE DISTRICTS › Section 357J.4 - District — boundary changes.

357J.4 District — boundary changes.
1. The boundary lines of a district may include any incorporated or unincorporated areas.
2. a. The boundary lines of a district shall not be changed after the district is established except as provided in this subsection.
b. The boundary lines of a district shall be changed and shall become effective immediately upon approval of the commission and each governmental entity currently participating in the emergency response district.
2008 Acts, ch 1152, §4; 2009 Acts, ch 165, §3, 4; 2022 Acts, ch 1017, §4
Section amended
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357J - EMERGENCY RESPONSE DISTRICTS › Section 357J.10 - Approval of district property tax levy.

357J.10 Approval of district property tax levy.
Annually, the commission shall propose the levy of a tax of not more than one dollar and sixty and three-quarters cents per one thousand dollars of assessed value on all taxable property within the district. A proposed property tax levy rate shall not be approved by the commission unless two-thirds of the commission’s members are present when the proposed property tax levy rate is approved. The commission shall hold a public hearing within thirty days of the commission’s approval of a proposed property tax levy rate to receive public comment. Notice of the hearing shall be given by publication in a newspaper of general circulation within the district and shall be posted in a public place in each city within the district no less than ten days before the public hearing. The notice shall include the commission’s proposed property tax levy rate, the reason for the tax, and the time when and the place where the hearing shall be held. The commission shall be considered a municipality for purposes of adopting and certifying a budget pursuant to chapter 24 and shall set the property tax levy rate no more than ten days following the public hearing. The tax shall be set to raise only the amount needed. The commission shall have exclusive tax-levying authority for the district.
2008 Acts, ch 1152, §10
Referred to in §357J.12, 357J.16
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357J - EMERGENCY RESPONSE DISTRICTS › Section 357J.12 - Commission powers.

357J.12 Commission powers.
1. The commission may purchase, own, rent, or maintain fire and emergency medical services apparatus or equipment within the state or outside the territorial jurisdiction and boundary limits of this state, provide housing for such apparatus and equipment, provide fire protection service and emergency medical service and facilities, and may certify for levy an annual tax as provided in section 357J.10. The commission may purchase material, employ fire protection service personnel, emergency medical service personnel, and other personnel, and may perform all other acts necessary to properly maintain and operate the district. The commission may contract under chapter 28E with any city or county or public or private agency that is not a member of the district for the purpose of providing fire protection service or emergency medical service under this chapter. The commissioners are allowed necessary expenses in the discharge of their duties.
2. The commission shall draw the boundaries of fire and emergency medical services areas within the district to be assigned to various fire departments and stations throughout the district.
2008 Acts, ch 1152, §12
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357J - EMERGENCY RESPONSE DISTRICTS › Section 357J.15 - Cities within the district.

357J.15 Cities within the district.
If a city is included in a district, the maximum tax levy authorized for the general fund of that city under section 384.1 shall be reduced by the amount of the tax rate levied within the city by the district. Such city shall not be responsible for providing fire protection service and emergency medical service as provided in section 364.16, and shall have no liability for the method, manner, or means by which the district provides the fire protection service and emergency medical service.
2008 Acts, ch 1152, §15
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357J - EMERGENCY RESPONSE DISTRICTS › Section 357J.16 - Bonds in anticipation of revenue.

357J.16 Bonds in anticipation of revenue.
A district may anticipate the collection of taxes by the levy authorized in section 357J.10, 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 not exceeding that permitted by chapter 74A. An indebtedness shall not be incurred under this chapter until authorized by an election. The election shall be conducted by the county commissioner of elections pursuant to chapters 39 through 53. The commission shall give the county commissioner of elections forty-six days’ notice of the special election.
2008 Acts, ch 1152, §16; 2010 Acts, ch 1033, §49, 56
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357J - EMERGENCY RESPONSE DISTRICTS › Section 357J.17 - Transition — township tax discontinued.

357J.17 Transition — township tax discontinued.
When the boundary lines of the district include all or a portion of a township and the district has certified a tax levy within the township for the purpose of fire protection service and emergency medical service, the township trustees shall no longer levy the tax provided by section 359.43 in that portion of the township provided services by the district. Any indebtedness incurred for the purposes of sections 359.42 through 359.45 for a service now provided by the district shall be assumed by the district. Such township shall not be responsible for providing fire protection service and emergency medical service as provided in section 359.42 for the portion of the township within the district, and shall have no liability for the method, manner, or means by which the district provides the fire protection service and emergency medical service.
2008 Acts, ch 1152, §17
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357J - EMERGENCY RESPONSE DISTRICTS › Section 357J.18 - Transition — emergency medical services district taxes discontinued.

357J.18 Transition — emergency medical services district taxes discontinued.
When the boundary lines of the emergency response district include all or a portion of an emergency medical services district under chapter 357F or chapter 357G and the emergency response district has certified a tax to be levied on property located within the emergency medical services district for the purpose of emergency medical service, the emergency medical services district trustees shall no longer levy the taxes authorized in section 357F.8 or section 357G.8 in that portion of such emergency medical services district that is provided services by the emergency response district. Any indebtedness incurred by an emergency medical services district under chapter 357F or chapter 357G for a service now provided by the emergency response district shall be assumed by the emergency response district.
2008 Acts, ch 1152, §18
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357J - EMERGENCY RESPONSE DISTRICTS › Section 357J.19 - Dissolution of district.

357J.19 Dissolution of district.
Incorporation documents of an emergency response district shall include provisions for dissolution, the withdrawal of an individual participant in the emergency response district, and the dispensing of property in the case of either event.
2022 Acts, ch 1017, §5
NEW section
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.1 - Definitions.

358.1 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
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.1A - Incorporation.

358.1A Incorporation.
If an area of territory is so situated that the construction, maintenance, and operation of a trunk sewer system and of a plant or plants for the treatment of sewage and the maintenance of one or more outlets for the drainage of it, after having been so treated, will be conducive to the public health, comfort, convenience, or welfare, the area may be incorporated as a sanitary district in the manner set forth in this chapter. Areas of contiguous or noncontiguous territory may be incorporated in a sanitary district.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.1]
92 Acts, ch 1204, §15
C2001, §358.1A
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.1B - Combined water and sanitary district.

358.1B Combined water and sanitary district.
1. The board of supervisors of a county or major part of a county in which a proposed combined water and sanitary district will be located may proceed with the establishment, operation, or dissolution of a combined water and sanitary district as provided in section 357.1B.
2. For the purpose of establishing, operating, or dissolving a combined water and sanitary district under chapter 357 and this chapter, the term “sanitary district” includes a combined water and sanitary district where applicable.
92 Acts, ch 1204, §16
C93, §358.1A
C2001, §358.1B
2019 Acts, ch 24, §47
Referred to in §418.1
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.2 - Petition — deposit.

358.2 Petition — deposit.
1. Any twenty-five or more eligible electors resident within the limits of any proposed sanitary district may file a petition in the office of the county auditor of the county in which the proposed sanitary district, or the major portion thereof, is located, requesting that there be submitted to the registered voters of such proposed district the question whether the territory within the boundaries of such proposed district shall be organized as a sanitary district under this chapter. Such petition shall be addressed to the board of supervisors of the county wherein it is filed and shall set forth:
a. An intelligible description of the boundaries of the territory to be embraced in such district.
b. The name of such proposed sanitary district.
c. That the public health, comfort, convenience, or welfare will be promoted by the establishment of such sanitary district.
d. The signatures of the petitioners.
2. Territory shall not be included within more than one sanitary district organized under this chapter, and if any proposed sanitary district fails to receive a majority of votes cast at any election at which the establishment of the district is proposed as provided in this chapter, a petition shall not be filed for establishment of such a sanitary district within one year from the date of such previous election.
3. a. There shall be filed with the petition a bond with sureties approved by the auditor, or a certified check, credit union certified share draft or cash in an amount sufficient for the payment of all costs and expenses incurred in the proceedings if the district is not finally established.
b. No preliminary expense shall be incurred before the establishment of the proposed sanitary district by the board in excess of the amount of bond filed by the petitioners. In case it is necessary to incur any expense in addition to the amount of the bond, the board of supervisors shall require the filing of an additional security until the additional bond is filed in sufficient amount to cover the expense.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.2]
84 Acts, ch 1055, §8; 85 Acts, ch 67, §43; 95 Acts, ch 67, §53; 2010 Acts, ch 1061, §145; 2020 Acts, ch 1063, §191
Referred to in §357.1B
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.3 - Jurisdiction — decisions — records.

358.3 Jurisdiction — decisions — records.
The board of supervisors of the county in which the proposed sanitary district, or the major portion of the proposed sanitary district, is located shall have jurisdiction of the proceedings on the petition as provided in this chapter, and the decision of a majority of the members of the board shall be necessary for adoption. All orders of the board made under this chapter shall be spread at length upon the records of the proceedings of the board of supervisors, but need not be published under section 349.16.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.3]
2019 Acts, ch 59, §110
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.5 - Hearing of petition and order.

358.5 Hearing of petition and order.
1. The board of supervisors to whom the petition is addressed shall preside at the hearing provided for in section 358.4 and shall continue the hearing in session, with adjournments from day to day, if necessary, until completed, without being required to give any further notice of the hearing. Proof of the residences and qualifications of the petitioners as eligible electors shall be made by affidavit or otherwise as the board may direct. The board may consider the boundaries of a proposed sanitary district, whether they shall be as described in the petition or otherwise, and for that purpose may alter and amend the petition and limit or change the boundaries of the proposed district as stated in the petition. The board shall adjust the boundaries of a proposed district as needed to exclude land that has no reasonable likelihood of benefit from inclusion in the proposed district. The boundaries of a proposed district shall not be changed to incorporate property not included in the original petition and published notice until the owner of the property is given notice of inclusion as on the original hearing. All persons in the proposed district shall have an opportunity to be heard regarding the location and boundaries of the proposed district and to make suggestions regarding the location and boundaries. The board of supervisors, after hearing the statements, evidence and suggestions made and offered at the hearing, shall enter an order fixing and determining the limits and boundaries of the proposed district and directing that an election be held for the purpose of submitting to the registered voters residing within the boundaries of the proposed district the question of organization and establishment of the proposed sanitary district as determined by the board of supervisors. The order shall fix a date for the election not more than sixty days after the date of the order.
2. A majority of the landowners, owning in the aggregate more than seventy percent of the total land in the proposed district, may file a written remonstrance against the proposed district at or before the time fixed for the hearing on the proposed district with the county auditor. If the remonstrance is filed, the board of supervisors shall discontinue all further proceedings on the proposed district and charge the costs incurred to date relating to the establishment of the proposed district.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.5]
84 Acts, ch 1051, §2; 95 Acts, ch 67, §53; 98 Acts, ch 1139, §1; 2018 Acts, ch 1041, §88
Referred to in §358.8
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.6 - Notice of election.

358.6 Notice of election.
In its order for the election the board of supervisors shall direct the county commissioner of elections of the county in which the petition is filed to cause notice of the election to be given at least thirty days before the date of election by publication of the notice as provided in section 331.305. The notice shall state the time and place of holding the election and the hours when the polls will open and close, the purpose of the election, with the name of the proposed sanitary district and a description of the boundaries of it, and shall set forth briefly the limits of each voting precinct and the location of the polling places. Proof of publication shall be made in the manner provided in section 358.4 and filed with the county auditor.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.6]
92 Acts, ch 1204, §17
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.7 - Election.

358.7 Election.
1. Each registered voter resident within such proposed sanitary district shall have the right to cast a ballot at such election and no person shall vote in any precinct but that of the person’s residence. Ballots at such election shall be in substantially the following form, to wit:
For Sanitary District ☐
Against Sanitary District ☐
2. The board of supervisors shall cause a statement of the result of such election to be spread upon the records of the county auditor. If a majority of the votes cast upon the question of incorporation of the proposed sanitary district shall be in favor of the proposed sanitary district, such proposed sanitary district shall thenceforth be deemed an organized sanitary district under this chapter and established as conducive to the public health, comfort, convenience, and welfare.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.7]
94 Acts, ch 1169, §64; 2010 Acts, ch 1061, §146
Referred to in §358.9
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.8 - Expenses and costs of election.

358.8 Expenses and costs of election.
The election held pursuant to this chapter shall be conducted by the county commissioner of elections. All expenses incurred in carrying out sections 358.4 and 358.5 of this chapter, together with the costs of the election, as determined by the county commissioner of elections, shall be paid by those who will be benefited by the proposed sanitary district. If the district is not established, the expenses and costs shall be collected upon the bond or bonds of the petitioners.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.8]
92 Acts, ch 1204, §18; 2009 Acts, ch 133, §128
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.10 - Trustee’s bond.

358.10 Trustee’s bond.
Each trustee shall, before entering upon the duties of office, execute a bond payable to the district, with security to be approved by the board of supervisors which had jurisdiction of the petition for establishment of the district, in such form and amount as said board of supervisors may determine, which bond shall be filed with the county auditor of said county.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.10]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.11 - Sanitary district to be a body corporate.

358.11 Sanitary district to be a body corporate.
1. Each sanitary district organized under this chapter shall be a body corporate and politic, with the name and style under which it was organized, and by such name and style may sue and be sued, contract and be contracted with, acquire and hold real and personal property necessary for corporate purposes, adopt a corporate seal and alter the same at pleasure, and exercise all the powers conferred in this chapter.
2. All courts of this state shall take judicial notice of the existence of sanitary districts organized under this chapter.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.11]
2018 Acts, ch 1026, §124
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.12 - Board of trustees — powers.

358.12 Board of trustees — powers.
1. The trustees elected as provided in section 358.9 constitute a board of trustees for the district by which they are elected. The board of trustees is the corporate authority of the sanitary district and shall manage and control the affairs and property of the district. A majority of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day. The board of trustees shall elect a president, a clerk, and a treasurer from its membership and may employ employees as necessary, who shall hold their employment during the pleasure of the board. The board shall prescribe the duties and fix the compensation of all employees of the sanitary district and the amount of bond to be filed by the treasurer of the district and by any employee for whom the board may require bond. The members of the board of trustees shall receive a per diem of one hundred dollars for attendance at a meeting of the board or while otherwise engaged in official duties, but the total per diem for each member shall not exceed two thousand four hundred dollars for a fiscal year. However, the board of trustees, by resolution, may establish for its members a lower rate of pay than is fixed by this section. The members of the board shall also be reimbursed for their travel and other necessary expenses incurred in performing their official duties. Travel expenses are reimbursable at the rate specified in section 70A.9.
2. The board of trustees may adopt the necessary ordinances, resolutions, rules and regulations for the proper management and conduct of the business of the board of trustees and the corporation and for carrying out the purposes for which the sanitary district is formed.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.12]
2006 Acts, ch 1038, §1
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.13 - Ordinances — publication or posting — time of taking effect.

358.13 Ordinances — publication or posting — time of taking effect.
All ordinances, resolutions, orders, rules, and regulations adopted by the board take effect from and after their adoption and publication. The publication shall be by one publication in a newspaper of general circulation in the district, by posting copies in three public places within the district, or by other steps necessary to inform the public.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.13]
87 Acts, ch 197, §1
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.14 - Proof of ordinances.

358.14 Proof of ordinances.
All ordinances, resolutions, orders, rules and regulations, and the date when same became effective, may be proven by the certificate of the clerk, under the seal of the corporation, if one has been adopted, and when printed in book or pamphlet form and purporting to be published by the board of trustees such book or pamphlet shall be received as evidence of the passage and legal publication or posting thereof as of the dates mentioned therein, in all courts and places, without further proof.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.14]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.15 - Personal interest in contracts.

358.15 Personal interest in contracts.
A trustee of such district shall not be directly or indirectly interested in any contract, work, or business of the district, or in the sale of any article the expense, price, or consideration of which is paid by such district; nor in the purchase of any real estate or other property belonging to the district, or which is to be sold for taxes or assessments or by virtue of legal process at the suit of the district. However, this section shall not be construed as prohibiting the selection of any person as trustee because of the person’s ownership of real estate in the district or because the person is a taxpayer in the district.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.15]
2019 Acts, ch 59, §111
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.17 - Power to acquire and dispose of property.

358.17 Power to acquire and dispose of property.
Any sanitary district organized under this chapter may acquire by purchase, condemnation, or otherwise, any and all real and personal property, rights-of-way and privileges, either within or without its corporate limits, required for its corporate purposes. Condemnation proceedings shall be conducted in the same manner, as near as may be, as provided for condemnation by counties under the laws of Iowa. Said sanitary districts shall have power to sell, convey, or otherwise dispose of any of the properties belonging to them when no longer required for their purposes.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.17]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.18 - Taxes — power to levy — tax sales.

358.18 Taxes — power to levy — tax sales.
1. The board of trustees of any sanitary district organized under this chapter shall have the power by ordinance to levy annually for the purpose of paying the administrative costs of such district, or for the payment of deficiencies in special assessments, or for both, a tax upon property within the territorial limits of such sanitary district not exceeding fifty-four cents per thousand dollars of the adjusted taxable valuation of the property within such district for the preceding fiscal year.
2. All taxes thus levied by the board shall be certified by the clerk on or before March 1 to the county auditor of each county wherein any of the property included within the territorial limits of the sanitary district is located, and shall be placed upon the tax list for the current fiscal year by the auditor or auditors. The county treasurer, or treasurers, of more than one county, shall collect all taxes so levied in the same manner as other taxes, and when delinquent the taxes shall draw the same interest. All taxes levied and collected shall be paid over by the officer collecting the taxes to the treasurer of the sanitary district.
3. Sales for delinquent taxes owing to such sanitary district shall be made at the same time and in the same manner as such sales are made for other taxes, and all provisions of the law of this state relating to the sale of property for delinquent taxes shall be applicable, so far as may be, to such sales.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.18]
93 Acts, ch 73, §3; 2017 Acts, ch 54, §76
Referred to in §331.512
Collection of taxes, see chapter 445
Sales for taxes, see chapter 446
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.19 - Records and disbursements.

358.19 Records and disbursements.
The clerk of each sanitary district shall keep a record of all the proceedings and actions of the trustees. The treasurer shall receive, collect, and disburse all moneys belonging to the district, and no claim shall be paid or disbursement made until it has been duly audited by the board of trustees.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.19]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.23 - Appeal to district court.

358.23 Appeal to district court.
Any person aggrieved by any proceeding had by the board of supervisors or by the board of trustees as provided in this chapter in relation to any matter involving the person’s rights not included under the provisions of section 358.22 may appeal to the district court of the county in which the proceedings were had. Such appeals shall be governed in all respects as is provided by pertinent sections under chapter 468, subchapter I, parts 1 through 5.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358.23]
2020 Acts, ch 1063, §192
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.24 - Contracts outside of district.

358.24 Contracts outside of district.
1. A sanitary district may enter into contracts with persons or firms outside its limits for the processing of sewage but the rate for processing shall not be less than that charged the inhabitants of the district.
2. A district entering into a contract may lay sewer lines in highways outside the district upon first obtaining the permission of the state department of transportation in the case of primary roads and the board of supervisors in case of secondary roads, on written application designating the particular highway and part thereof, the use of which is desired.
3. A sanitary district adjoining a border of the state and owning and operating a sewage disposal plant, may contract with the governing body of any legal entity in an adjacent area in another state, to process the sewage from the area. The contract shall be subject to approval of the Iowa department of public health.
[C58, 62, 66, 71, 73, §393.10, 393.11, 393.13; C75, 77, 79, 81, §358.24]
2017 Acts, ch 54, §76
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.25 - Revenue bonds.

358.25 Revenue bonds.
Sanitary districts incorporated under this chapter may exercise the powers granted to counties in sections 331.462 through 331.470, to issue revenue bonds for the purposes in section 331.461, subsection 2, paragraphs “b” and “c”.
[C35, §6066 – f1, f5, f8; C39, §6066.24, 6066.28 – 6066.32; C46, 50, 54, 58, 62, 66, §394.1, 394.5 – 394.9; C71, 73, §394.1, 394.5 – 394.9, 394.13; C75, 77, 79, 81, §332.44; S81, §358.25; 81 Acts, ch 117, §1069]
2020 Acts, ch 1063, §193
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.26 - Annexation.

358.26 Annexation.
1. In a county which has more than seven thousand five hundred acres of natural lakes, the board of trustees may, or upon request of property owners representing twenty-five percent of the valuation of the property to be annexed shall, file a petition in the office of county auditor of the county in which the property to be annexed or the major part of the property is located, requesting that there be submitted to the voters of the existing district and the area to be annexed the question whether the territory proposed to be annexed should be annexed to the sanitary district. The property to be annexed must be located within the watershed of a natural lake or navigable water as defined in section 462A.2 in the existing district. The board of supervisors of the county in which the property to be annexed or the major part of the property is located shall have jurisdiction of the proceedings on the petition.
2. The petition shall be addressed to the board of supervisors of the county in which the property to be annexed or the major part of the property is located and shall include the following:
a. An intelligible description of the property to be annexed to the sanitary district.
b. A statement that the public health, comfort, convenience, or welfare will be promoted by the annexation of the property.
c. The signatures of the president and the clerk of the board of trustees.
98 Acts, ch 1139, §2
Referred to in §358.27, 358.28, 358.29
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.27 - Hearing on annexation — date and notice.

358.27 Hearing on annexation — date and notice.
1. The board of supervisors to which a petition filed pursuant to section 358.26 is addressed, at its next meeting, shall set the time and place for a public hearing on the petition. The board of supervisors shall direct the county auditor to give notice to interested persons of the pendency and content of the petition and of the public hearing by publication of a notice as provided in section 331.305. Proof of publication shall be filed with and preserved by the county auditor. The notice of the public hearing shall include the following information:
a. That a petition has been filed with the county auditor proposing to annex property to the district.
b. An intelligible description of the property to be annexed to the district.
c. The date, time, and place of the public hearing at which the petition shall be considered by the county board of supervisors.
d. That the county board of supervisors shall determine the property to be annexed as described in the petition or otherwise described and, for the purpose of describing the property, the county board of supervisors may alter and amend the petition.
2. A copy of the notice shall also be sent by mail to each owner of each tract of land within the area to be annexed as shown by the transfer books of the county auditor’s office. The mailings shall be to the last known address unless there is on file an affidavit of the county auditor or of a person designated by the board of supervisors to make the necessary investigation, stating that an address is not known and that diligent inquiry has been made to ascertain the address. The copy of the notice shall be mailed not less than twenty days before the date of the public hearing and the proof of service shall be made by affidavit of the county auditor. The proof of service shall be on file at the commencement of the public hearing.
3. In lieu of the mailing to the last known address, a person owning land to be annexed may file with the county auditor a written instrument designating the owner’s mailing address for annexation purposes. The designated address is effective for five years and applies to all annexation proceedings pursuant to sections 358.26 through 358.29.
4. In lieu of publication or notice by mail, personal service of the notice may be made upon an owner of land proposed for annexation in the same manner as required for the service of original notices in the district court.
98 Acts, ch 1139, §3
Referred to in §358.28, 358.29
Time and manner of service,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.28 - Annexation hearing.

358.28 Annexation hearing.
1. The board of supervisors to whom a petition filed pursuant to section 358.26 is addressed shall preside at the public hearing provided for in section 358.27 and shall continue the hearing with adjournments from day to day until completed without giving further notice of the hearing. A representative of the sanitary district board of trustees shall attend the public hearing and be available to answer questions regarding the proposed annexation. The board of supervisors may consider the property to be annexed, whether the property shall be described as provided in the petition or be otherwise described, and for the purpose of describing the property, may amend the petition by limiting or changing the property to be annexed as stated in the petition. The board of supervisors shall adjust the property to be annexed as needed to exclude land that has no reasonable likelihood of benefit from inclusion in the area to be annexed. The boundaries of the area to be annexed shall not be changed to incorporate property which is not included in the petition until the owner of the property is given notice of the proposed annexation as provided in section 358.27.
2. All persons in the district and in the area to be annexed shall have an opportunity to be heard regarding the proposed annexation and make suggestions regarding the property to be annexed. The board of supervisors, after hearing the statements, evidence, and suggestions at the public hearing, shall enter an order determining the property to be annexed and directing that the question of annexation be submitted at an election to the registered voters residing within the district and within the area to be annexed. The order shall fix a date for the election which shall be held not more than sixty days after the date of the order.
98 Acts, ch 1139, §4
Referred to in §358.27, 358.29
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.29 - Notice, election, and expenses — costs.

358.29 Notice, election, and expenses — costs.
1. In the order for the election pursuant to section 358.28, the board of supervisors shall direct the county commissioner of elections to give notice of the election at least twenty days before the date of election by publication of the notice as provided in section 331.305. The notice shall state the time and place of the election, the hours when the polls will be open, the purpose of the election including a description of the property to be annexed, a brief description of the limits of each voting precinct, and the location of polling places. Proof of publication shall be made in the same manner as provided in section 358.27 and filed with the county auditor.
2. Each registered voter who resides within the sanitary district and each registered voter who resides in the area to be annexed shall have the right to cast a ballot at the election. A registered voter shall not vote in any precinct except the precinct in which the voter resides. The ballots at the election shall be in substantially the following form:
For annexation ☐
Against annexation ☐
3. The results of an election shall be noted on the records of the county auditor. If a majority of the votes cast on the question of annexation favors annexation, the property contained in the area to be annexed shall be included in the sanitary district.
4. An election held pursuant to this section shall be conducted by the county commissioner of elections. All expenses incurred in implementing sections 358.26 through 358.29, including the costs of an election as determined by the county commissioner of elections, shall be paid by the sanitary district.
98 Acts, ch 1139, §5
Referred to in §358.27
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.30 - Annexation of land by a city — compensation.

358.30 Annexation of land by a city — compensation.
A sanitary district shall be fairly compensated for losses resulting from annexation by a city. The governing body of a city or city utility and the board of trustees of the sanitary district may agree to terms which provide that the facilities owned by the sanitary district and located within the city shall be retained by the sanitary district for the purpose of sanitary service to customers outside the city. If an agreement is not reached within ninety days, the issues may be submitted to arbitration. If submitted, an arbitrator shall be selected by a committee which includes one member of the governing body of the city or its designee, one member of the sanitary district’s board of trustees or its designee, and a disinterested party selected by the other two members of the committee. A list of qualified arbitrators may be obtained from the American arbitration association or another recognized arbitration organization or association.
93 Acts, ch 57, §2; 2020 Acts, ch 1063, §194
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 358 - SANITARY DISTRICTS › Section 358.31 - Petition filed.

358.31 Petition filed.
A board of trustees of a sanitary district may, by resolution, authorize the filing of a petition in the office of the county auditor of the county in which the sanitary district or a major portion of it is located, requesting the conveyance and discontinuance of the sanitary district. The petition shall be addressed to the board of supervisors of the county where it is filed and must set forth:
1. The name of the sanitary district.
2. That the sanitary district lies wholly or partially within the corporate limits of a city, or the depository for the sanitary district is a municipal sanitary sewage system.
3. That the public health, comfort, convenience or welfare will be promoted by the conveyance and discontinuance of the sanitary district and the assumption of the duties, responsibilities and functions of the sanitary district by the city.
4. A statement that the city has agreed to assume the duties, responsibilities and functions of the sanitary district upon the conveyance and discontinuance. A copy of the agreement shall be attached to the petition.
5. A listing of the assets and liabilities of the sanitary district, including a complete statement of indebtedness.
6. A copy of the resolution of the board of trustees of the sanitary district.
[C75, 77, 79, 81, §358.25; S81, §358.31]