Section 67.1441

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 28 Aug 1998   

  67.1441.  Removal from and addition to district, procedure. — 1.  Upon the written request of any real property owner within the district, the governing body of the municipality may hold a public hearing for the removal of real property from a district and such real property may be removed from such district by ordinance, provided that:

  (1)  The board consents to the removal of such property;

  (2)  The district can meet its obligations without the revenues generated by or on the real property proposed to be removed; and

  (3)  The public hearing is conducted in the same manner as required by section 67.1431 with notice of the hearing given in the same manner as required by section 67.1431 and such notice shall include:

  (a)  The date, time and place of the public hearing;

  (b)  The name of the district;

  (c)  The boundaries by street location, or other readily identifiable means if no street location exists of the real property proposed to be removed from the district, and a map illustrating the boundaries of the existing district and the real property proposed to be removed; and

  (d)  A statement that all interested persons shall be given an opportunity to be heard at the public hearing.

  2.  With the consent of the board, real property may be added to the district by ordinance upon receipt of a proper petition and after a public hearing is held by the governing body of the municipality on the addition of the real property in the manner provided in section 67.1431.  Notice of the public hearing shall be given by publication and mailed to the owners of real property within the boundaries of the district and the area proposed to be added in the manner provided in section 67.1431.  The notice shall include the following information:

  (1)  The time, date and place of the public hearing;

  (2)  The name of the proposed or established district;

  (3)  The boundaries by street location, or other readily identifiable means if no street location exists, of the real property to be added to the district, and a map showing the boundaries of the existing district and the real property proposed to be added to the district;

  (4)  A statement that a copy of the petition is available for review during regular business hours at the office of the municipal clerk; and

  (5)  A statement that all interested persons shall be given an opportunity to be heard at the public hearing.  For the purposes of this section, a proper petition is one which meets the requirements of section 67.1421, which requirements shall only apply as to the real property proposed to be added.

  3.  A public hearing may be held to amend the petition and notice of such amendments given simultaneously with a public hearing to alter the district boundaries.

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(L. 1998 H.B. 1636 § 5)