Text: HF02507 Text: HF02509 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 331.402, Code 1999, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 4. a. The board must follow the
1 4 following procedures to authorize a contract for the purchase
1 5 of land or the construction, reconstruction, or repair of a
1 6 public improvement as defined in section 384.95, if the
1 7 contract is satisfied by payment from the general fund or
1 8 other source without incurring indebtedness and the amount of
1 9 the contract exceeds the limits in subsection 3, paragraph
1 10 "d", subparagraph (1). This subsection does not apply to
1 11 contracts for public improvements which may be paid from the
1 12 secondary road fund.
1 13 b. The board must institute proceedings for entering into
1 14 a contract relating to land acquisition or a public
1 15 improvement pursuant to paragraph "a" by causing a notice of
1 16 the meeting to discuss entering into the contract, including a
1 17 statement of the amount and purpose of the contract and the
1 18 right to petition for an election, to be published as provided
1 19 in section 331.305 at least ten days prior to the discussion
1 20 meeting. No sooner than thirty days following the discussion
1 21 meeting, the board shall hold a meeting at which action on the
1 22 contract may be taken.
1 23 c. If at any time before the end of the thirty-day period
1 24 specified in paragraph "b", a petition is filed with the
1 25 auditor in the manner provided by section 331.306 asking that
1 26 the question of entering into the contract be submitted to the
1 27 registered voters of the county, the board shall either by
1 28 resolution declare the proposal to enter into the contract to
1 29 have been abandoned or shall direct the county commissioner of
1 30 elections to submit the question of entering into the contract
1 31 at the next general election or at the next countywide special
1 32 election called for a separate purpose. However,
1 33 notwithstanding section 331.306, the petition shall not
1 34 require signatures in excess of one thousand persons. The
1 35 question to be placed on the ballot shall be stated
2 1 affirmatively in substantially the following manner: Shall
2 2 the county of .... enter into a contract in the amount of
2 3 $.... for the purpose of ....? Notice of the election and its
2 4 conduct shall be in the manner provided in section 331.442,
2 5 subsections 2 and 3. The proposition is approved if a
2 6 majority of the total vote cast for and against the
2 7 proposition at the election favors the proposition.
2 8 d. If a petition is not filed or if a petition is filed
2 9 and the proposition of entering into the contract is approved
2 10 at an election, the board may proceed and enter into the
2 11 contract.
2 12 Sec. 2. STATE MANDATE INAPPLICABLE. Section 25B.2,
2 13 subsection 3, shall not apply to this Act.
2 14 EXPLANATION
2 15 This bill provides for a referendum by a county electorate
2 16 on a proposed contract to purchase land or construct,
2 17 reconstruct, or repair a public improvement with moneys on
2 18 hand and without incurring indebtedness. However, the
2 19 referendum does not apply to contacts for public improvements
2 20 which maybe paid from the secondary road fund. The public has
2 21 30 days after proceedings for entering into the proposed
2 22 contract for land or a public improvement are initiated to
2 23 file a petition pursuant to Code section 331.306 to call for
2 24 the referendum if the amount of the contract exceeds the
2 25 following limits:
2 26 1. $400,000 in a county having a population of 25,000 or
2 27 less.
2 28 2. $500,000 in a county having a population of more than
2 29 25,000 and less than 50,000.
2 30 3. $600,000 in a county having a population of more than
2 31 50,000 but not more than 100,000.
2 32 4. $800,000 in a county having a population of more than
2 33 100,000 but not more than 200,000.
2 34 5. $1,000,000 in a county having a population of more than
2 35 200,000.
3 1 The petition shall not be required to contain more than
3 2 1,000 signatures to place the question on the ballot.
3 3 If the petition is filed, the board of supervisors shall
3 4 adopt a resolution abandoning the proposed contract or
3 5 directing the county commissioner of elections to submit the
3 6 proposed contract to the county electorate at the next general
3 7 election or special election called for a separate purpose.
3 8 If a petition is not filed or if the election results, by
3 9 majority vote, are favorable for the proposed contract, the
3 10 board may proceed to enter into the contract.
3 11 The requirements of this bill shall not constitute a state
3 12 mandate pursuant to Code section 25B.2.
3 13 LSB 6514HV 78
3 14 tj/cls/14
Text: HF02507 Text: HF02509 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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