Text: HF00145 Text: HF00147 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 368.19, Code 1995, is amended to read 1 2 as follows: 1 3 368.19 TIME LIMIT &endash; ELECTION. 1 4 1. The committee shall approve or disapprove the petition 1 5 or plan as amended, within ninety days of the final hearing, 1 6 and shall file its decision for record and promptly notify the 1 7 parties to the proceeding of its decision. If a petition or 1 8 plan is approved, the board shall set a date not less than 1 9 thirty days nor more than ninety days after approval for a 1 10 special election on the proposal and the county commissioner 1 11 of elections shall conduct the election. 1 12 2. In a case of incorporation or discontinuance,qualified1 13electorsregistered voters of the territory or city may vote, 1 14 and the proposal is authorized if a majority of those voting 1 15 approves it. 1 16 3. In a case of annexation or severance,qualified1 17electorsregistered voters of the territory and of the city 1 18 may vote, and the proposal is authorized if a majority of the 1 19 total number ofpersonsregistered voters voting approves it. 1 20 However, if there are two hundred fifty or more registered 1 21 voters residing in a territory to be annexed, the registered 1 22 voters of the territory may petition the board within thirty 1 23 days after the petition or plan is approved for a special 1 24 election which shall include registered voters of the 1 25 territory to be annexed only. The petition shall include the 1 26 number of valid signatures as provided in section 362.4. If a 1 27 majority of the registered voters voting approve of the 1 28 annexation, the implementation of the annexation plan or 1 29 petition shall proceed without an election including the city 1 30 electorate. If a majority of the registered voters voting do 1 31 not approve of the annexation plan or petition, the plan or 1 32 petition is void. 1 33 4. In a case of consolidation,qualified electors1 34 registered voters of each city to be consolidated may vote, 1 35 and the proposal is authorized only if it receives a favorable 2 1 majority vote in each city. 2 2 5. The county commissioner of elections shall publish 2 3 notice of the election as provided in section 49.53 and shall 2 4 conduct the election in the same manner as other special city 2 5 elections. 2 6 6. The costs of an incorporation election shall be borne 2 7 by the initiating petitioners if the election fails, but if 2 8 the proposition is approved the cost shall become a charge of 2 9 the new city. 2 10 EXPLANATION 2 11 This bill provides that if there are 250 or more registered 2 12 voters residing in a territory to be annexed, the registered 2 13 voters of the territory may petition for a special election 2 14 within 30 days after the involuntary plan or petition is 2 15 approved by the board. The petition is subject to the 2 16 requirements of section 362.4. The election shall include the 2 17 registered voters of the territory to be annexed only. If a 2 18 majority of the actual voters approve of the annexation, the 2 19 implementation of the annexation petition or plan shall 2 20 proceed without an election including the city electorate. If 2 21 the voters do not approve of the annexation petition or plan, 2 22 the petition or plan is void. 2 23 LSB 1446HH 76 2 24 tj/cf/24
Text: HF00145 Text: HF00147 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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