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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