Text: HSB00718 Text: HSB00720 Text: HSB00700 - HSB00799 Text: HSB 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). 1 11 b. The board must institute proceedings for entering into 1 12 a contract relating to land acquisition or a public 1 13 improvement pursuant to paragraph "a" by causing a notice of 1 14 the meeting to discuss entering into the contract, including a 1 15 statement of the amount and purpose of the contract and the 1 16 right to petition for an election, to be published as provided 1 17 in section 331.305 at least ten days prior to the discussion 1 18 meeting. No sooner than thirty days following the discussion 1 19 meeting, the board shall hold a meeting at which action on the 1 20 contract may be taken. 1 21 c. If at any time before the end of the thirty-day period 1 22 specified in paragraph "b", a petition is filed with the 1 23 auditor in the manner provided by section 331.306 asking that 1 24 the question of entering into the contract be submitted to the 1 25 registered voters of the county, the board shall either by 1 26 resolution declare the proposal to enter into the contract to 1 27 have been abandoned or shall direct the county commissioner of 1 28 elections to call a special election upon the question of 1 29 entering into the contract. However, notwithstanding section 1 30 331.306, the petition shall not require signatures in excess 1 31 of one thousand persons. The question to be placed on the 1 32 ballot shall be stated affirmatively in substantially the 1 33 following manner: Shall the county of .... enter into a 1 34 contract in the amount of $.... for the purpose of ....? 1 35 Notice of the election and its conduct shall be in the manner 2 1 provided in section 331.442, subsections 2 through 4. 2 2 d. If a petition is not filed or if a petition is filed 2 3 and the proposition of entering into the contract is approved 2 4 at an election, the board may proceed and enter into the 2 5 contract. 2 6 Sec. 2. STATE MANDATE INAPPLICABLE. Section 25B.2, 2 7 subsection 3, shall not apply to this Act. 2 8 EXPLANATION 2 9 This bill provides for a referendum by a county electorate 2 10 on a proposed contract to purchase land or construct, 2 11 reconstruct, or repair a public improvement with moneys on 2 12 hand and without incurring indebtedness. The public has 30 2 13 days after proceedings for entering into the proposed contract 2 14 for land or a public improvement are initiated to file a 2 15 petition pursuant to Code section 331.306 to call for the 2 16 referendum if the amount of the contract exceeds the following 2 17 limits: 2 18 1. $400,000 in a county having a population of 25,000 or 2 19 less. 2 20 2. $500,000 in a county having a population of more than 2 21 25,000 and less than 50,000. 2 22 3. $600,000 in a county having a population of more than 2 23 50,000 but not more than 100,000. 2 24 4. $800,000 in a county having a population of more than 2 25 100,000 but not more than 200,000. 2 26 5. $1,000,000 in a county having a population of more than 2 27 200,000. 2 28 The petition shall not be required to contain more than 2 29 1,000 signatures to place the question on the ballot. 2 30 If the petition is filed, the board of supervisors shall 2 31 adopt a resolution abandoning the proposed contract or 2 32 directing the county commissioner of elections to call a 2 33 special election. If a petition is not filed or if the 2 34 election results are favorable for the proposed contract, the 2 35 board may proceed to enter into the contract. 3 1 The requirements of this bill shall not constitute a state 3 2 mandate pursuant to Code section 25B.2. 3 3 LSB 6514HC 78 3 4 tj/cls/14
Text: HSB00718 Text: HSB00720 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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