357A.24 Detachment and attachment of areas between districts.
1. The boards of two or more districts, or the boards of any district and a rural water system organized under chapter 504, may by concurrent action or agreement join in a petition to detach an area which is not being served by the facilities of one district or system for purposes of being attached to the other district or system. The concurrent action or agreement may include conditions placed on the effectiveness of the concurrent action or agreement as deemed appropriate by the boards of the districts.
2. The petition shall be filed with the auditor of the county in which the area to be detached is located. The petition shall include all of the following regarding the area which is the subject of the petition:
a. A description by section, or fraction thereof, and by township and range of the area, in the same manner as provided in section 357A.16.
b. A verification that the area is not being served by the facilities of any district.
c. A statement asserting that the area can be adequately and economically served by the facilities of the district proposing to attach the area.
3. Upon filing the petition, the auditor shall prepare for a hearing on the petition by following the same procedures as provided in section 357A.3. The notice of the hearing shall include all of the following:
a. The location of the area subject to the petition.
b. The time and place of the hearing as established by the supervisors for the county in which the area to be detached is located.
c. That all owners or tenants of real property within the boundaries of the area may appear and be heard.
4. a. After the hearing the supervisors shall order that the area subject to the petition be detached from one district and attached to the other district if the supervisors determine that all of the following have been satisfied:
(1) The petition meets the requirements of this section.
(2) The information included in the petition is accurate.
(3) Notice required in this section has been provided.
(4) The detachment and attachment is in the best interest of the residents of the area subject to the petition.
b. The order shall be published in the same newspaper which published the notice of the hearing.
5. This section does not preclude any procedure for detaching an area from or attaching an area to a district as otherwise provided by law, including this chapter.
98 Acts, ch 1167, §2; 99 Acts, ch 114, §23; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §393; 2010 Acts, ch 1061, §180
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