Text: HSB00586                          Text: HSB00588
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 587

Bill Text

  1  1    Section 1.  Section 368.3, Code 1999, is amended by adding
  1  2 the following new unnumbered paragraph after unnumbered
  1  3 paragraph 1:
  1  4    NEW UNNUMBERED PARAGRAPH.  A city may also be discontinued
  1  5 in accordance with the following procedures.  The council
  1  6 shall adopt a resolution of intent to discontinue and shall
  1  7 call a public hearing on the proposal to discontinue.  Notice
  1  8 of the time and place of the public hearing and the proposed
  1  9 action shall be published as provided in section 362.3, except
  1 10 that at least ten days' notice must be given.  At the public
  1 11 hearing, the council shall receive oral and written comments
  1 12 regarding the proposal from any person.  Thereafter, the
  1 13 council, at the same meeting or at a subsequent meeting, may
  1 14 pass a resolution of discontinuance or pass a resolution
  1 15 abandoning the proposal.  If the council passes a resolution
  1 16 of discontinuance, a petition may be filed with the clerk in
  1 17 the manner provided in section 362.4, within thirty days
  1 18 following the effective date of the resolution, requesting
  1 19 that the question of discontinuance be submitted to the
  1 20 registered voters of the city.  Upon receipt of a petition
  1 21 requesting an election, the council shall direct the county
  1 22 commissioner of elections to call a special election on the
  1 23 question of discontinuance or shall adopt a resolution
  1 24 abandoning the discontinuance.  Notice of the election shall
  1 25 be given by publication as required in section 49.53.  If a
  1 26 majority of those voting approve the discontinuance or if no
  1 27 petition for an election is filed, the clerk shall send a copy
  1 28 of the resolution of discontinuance and, if an election is
  1 29 held, the results of the election to the board.  The board
  1 30 shall take control of the property of the discontinued city
  1 31 and shall supervise procedures necessary to carry out the
  1 32 discontinuance in accordance with section 368.21.  
  1 33                           EXPLANATION
  1 34    This bill provides alternative procedures for
  1 35 discontinuance by a city to the two procedures offered under
  2  1 current law.  Currently, a city may discontinue by six years
  2  2 of inactivity, which means no elections and no taxes have been
  2  3 certified for six years or by following involuntary
  2  4 discontinuance procedures in Code sections 368.11 through
  2  5 368.22.
  2  6    The bill provides that a council may adopt a resolution of
  2  7 intent to discontinue and conduct a public hearing on the
  2  8 resolution.  After the public hearing, the council may adopt a
  2  9 resolution of discontinuance or a resolution abandoning the
  2 10 proposal.  If the resolution of discontinuance is adopted,
  2 11 opponents may file a petition for an election on the proposal
  2 12 within 30 days after the effective date of the resolution.  If
  2 13 the election favors discontinuance or if no petition for an
  2 14 election is filed, the city clerk shall notify the city
  2 15 development board which shall take control of the property of
  2 16 the discontinued city and supervise the necessary
  2 17 discontinuance procedures as provided in Code section 368.21.  
  2 18 LSB 5935HC 78
  2 19 tj/cf/24

Text: HSB00586                          Text: HSB00588
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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