Section 67.1485

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 28 Aug 2007   

  67.1485.  Merger of districts, when — assessments, effect on. — 1.  Any district organized as a nonprofit corporation may merge with another district organized as a nonprofit organization.  Such merger shall be conducted under the procedures for merger provided in chapter 355, and shall not become effective unless:

  (1)  The boundaries of the merging districts are contiguous;

  (2)  The articles of merger required under section 355.361 contain a legal description of the surviving district corporation;

  (3)  The term of existence of the surviving district corporation stated in the articles of merger shall be equal to the shortest length of time remaining for existence of either merging district corporation as determined by the applicable ordinances establishing the merging district corporations;

  (4)  A copy of the articles of merger is sent to the department of economic development.

  2.  If two district corporations merge under this section, the board of directors of the surviving district corporation may continue to levy special assessments against such tracts, lots, or parcels listed, and in an amount as provided in, a previously authorized petition under section 67.1521, provided that the level of service stated in such petition is not decreased by the surviving district corporation.  A new special assessment petition may be submitted to the surviving district corporation and, if stated in the petition, may supersede or replace the previously authorized special assessment petitions.

  3.  No merger under this section shall be construed to be a petition for termination under section 67.1481 or to invoke a plan of dissolution as provided in section 67.1481.

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(L. 2007 S.B. 22)