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PAG LIN 1 1 Amend Senate File 390, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. Section 331.210A, subsection 2, Code 1 6 2003, is amended by adding the following new 1 7 paragraph: 1 8 NEW PARAGRAPH. f. (1) Notwithstanding the 1 9 provisions of this section to the contrary, a county 1 10 that has adopted a charter for a city-county 1 11 consolidated form of government or a community 1 12 commonwealth form of government and which charter 1 13 provides for representation by districts, the 1 14 legislative service bureau, and not the temporary 1 15 county redistricting commission, shall draw a first or 1 16 second plan as necessary and required by paragraph "a" 1 17 pursuant to a contract executed with the county. The 1 18 plan drawn by the legislative service bureau shall be 1 19 based upon the precinct plan adopted for use by the 1 20 county and shall be drawn in accordance with section 1 21 42.4, to the extent applicable. 1 22 (2) The plan drawn by the legislative service 1 23 bureau shall be submitted to the temporary county 1 24 redistricting commission which shall not amend the 1 25 plan and which shall perform the duties required by 1 26 paragraphs "b" and "c" concerning the plan. The 1 27 temporary county redistricting commission shall accept 1 28 the plan in total or it may request and contract to 1 29 have a second plan prepared by the legislative service 1 30 bureau. In doing so, the temporary county 1 31 redistricting commission shall state its objections to 1 32 the first plan in writing. 1 33 (3) After the requirements of paragraphs "b" and 1 34 "c" have been met with respect to either a first or 1 35 second plan, the plan drawn by the legislative service 1 36 bureau and accepted by the temporary county 1 37 redistricting commission shall be submitted to the 1 38 governing body for its approval or rejection. If the 1 39 plan drawn by the legislative service bureau and 1 40 accepted by the temporary county redistricting 1 41 commission is rejected by the governing body, the 1 42 governing body may consider and accept the other plan 1 43 submitted by the legislative service bureau to the 1 44 temporary county redistricting commission, if any, or 1 45 shall direct the temporary county redistricting 1 46 commission to prepare another plan as provided by 1 47 paragraph "d". 1 48 Sec. 2. Section 331.231, subsection 5, Code 2003, 1 49 is amended to read as follows: 1 50 5. City-county consolidated form as provided in 2 1sectionsections 331.247 through 331.252. 2 2 Sec. 3. Section 331.232, subsection 3, Code 2003, 2 3 is amended to read as follows: 2 4 3. An alternative form of county government shall 2 5 be submitted to thecountyelectorate by the 2 6 commission in the form of a charter or charter 2 7 amendment. 2 8 Sec. 4. Section 331.234, subsections 3 and 4, Code 2 9 2003, are amended to read as follows: 2 10 3. The board shall make available to the 2 11 commission in-kind services such as office space, 2 12 printing, supplies, and equipmentand. The county 2 13 shall pay from the segregated account established in 2 14 subsection 4, the other necessary expenses of the 2 15 commission including compensation for secretarial, 2 16 clerical, professional, and consultant services. The 2 17 total annual expenses, not including the value of in- 2 18 kind expenses, to be paid from public funds shall not 2 19 exceed one hundred thousand dollars or an amount equal 2 20 to thirty cents times the population of the commission 2 21 area, according to the most recent certified federal 2 22 census. The commission may employ staff as necessary. 2 23 4. The expenses of the commissionmay be paid from2 24the general fund of the countyshall be paid by each 2 25 city and county participating in the charter process 2 26 or from any combination of public or private funds 2 27 available for that purpose. Each city's share shall 2 28 be its pro rata share of the expenses based upon the 2 29 ratio that the population of the city bears to the 2 30 total population in the county. The county's share 2 31 shall be its pro rata share of expenses based upon the 2 32 ratio that the population of the unincorporated area 2 33 of the county bears to the total population of the 2 34 county. The amount paid by each city and county 2 35 participating in the charter process shall be 2 36 deposited in a segregated account maintained by the 2 37 county. The commission's annual expenses may exceed 2 38 the amount in subsection 3 only if the excess is paid 2 39 from private funds. If a proposed charter is 2 40 submitted to the electorate, private funds donated to 2 41 the commission may be used to promote passage of the 2 42 proposed charter. 2 43 Sec. 5. Section 331.235, Code 2003, is amended to 2 44 read as follows: 2 45 331.235 COMMISSION PROCEDURES AND REPORTS. 2 46 1. Within sixty days after its organization, the 2 47 commission shall hold at least one public hearing for 2 48 the purpose of receiving information and material 2 49 which will assist in the drafting of a charter. 2 50 Notice of the date, time, and place of the hearing 3 1 shall be given as provided in chapter 21. If the 3 2 commission is created pursuant to section 331.264, 3 3 subsection 4, the hearing shall be held thirty days 3 4 after submission of the preliminary report to the 3 5 board, pursuant to section 331.264, subsection 3. 3 6 2. Within nine months after the organization of 3 7 the commission, the commission shall submit a 3 8 preliminary report to the board, which report may 3 9 include the text of the proposed charter. If a 3 10 proposed charter is included in the preliminary 3 11 report, the report shall also include an analysis of 3 12 the fiscal impact of the proposed charter. Sufficient 3 13 copies of the report shall be made available for 3 14 distribution to residents of the county who request a 3 15 copy. The commission shall hold at least one public 3 16 hearing after submission of the preliminary report to 3 17 obtain public comment. This subsection does not apply 3 18 if the commission is created pursuant to section 3 19 331.264, subsection 4. 3 20 3. Within twenty months after organization, the 3 21 commission shall submit the final report to the board. 3 22 If the commission is created pursuant to section 3 23 331.264, subsection 4, the commission shall submit the 3 24 final report to the board within five months after 3 25 submission of the preliminary report to the board 3 26 pursuant to section 331.264, subsection 3. A 3 27 commission created pursuant to section 331.264, 3 28 subsection 4, may adopt a motion granting itself a 3 29 sixty-day extension of time for submission of its 3 30 final report. If the commission recommends a charter 3 31 including a form of government other than the existing 3 32 form of government, the final report shall include the 3 33 full text and an explanation of the proposed charter, 3 34 a statement of alternatives considered including but 3 35 not limited to the potential for agreements under 3 36 chapter 28E, a statement that the elected officers 3 37 shall be elected on a partisan basis, an analysis of 3 38 the fiscal impact of the proposed charter, any 3 39 comments deemed desirable by the commission, and any 3 40 minority reports. The final report may recommend no 3 41 change to the existing form of government and that no 3 42 charter be submitted to the electorate, in which case, 3 43 the report shall state the reasons for and against a 3 44 change in the existing form of government. The final 3 45 report shall be made available to the residents of the 3 46 county upon request. A summary of the final report 3 47 shall be published in the official newspapers of the 3 48 county and in a newspaper of general circulation in 3 49 each participating city. 3 50 4. The commission is dissolved on the date of the 4 1generalelection at which the proposed charter is 4 2 submitted to the electorate. However, if a charter 4 3 proposing the city-county consolidated form or the 4 4 community commonwealth form is adopted, the commission 4 5 is dissolved on the date that the terms of office of 4 6 the members of the governing body for the alternative 4 7 form of government commence. If a charter is not 4 8 recommended, the commission is dissolved upon 4 9 submission of its final report to the board. 4 10 Sec. 6. Section 331.237, subsection 3, Code 2003, 4 11 is amended to read as follows: 4 12 3. If a charter is submitted to the electorate but 4 13 is not adopted, another charter shall not be submitted 4 14 to the electorate fortwosix years. If a charter is 4 15 adopted, it may be amended at any time. If a charter 4 16 is adopted, a proposed charter for another alternative 4 17 form of county government shall not be submitted to 4 18 the electorate for six years. 4 19 Sec. 7. Section 331.237, Code 2003, is amended by 4 20 adding the following new subsection: 4 21 NEW SUBSECTION. 4. Subsections 2 and 3 do not 4 22 apply to the city-county consolidated form of 4 23 government or the community commonwealth form of 4 24 government. 4 25 Sec. 8. Section 331.238, Code 2003, is amended by 4 26 adding the following new subsection: 4 27 NEW SUBSECTION. 4. Subsections 1 and 2 do not 4 28 apply to the city-county consolidated form of 4 29 government or the community commonwealth form of 4 30 government. 4 31 Sec. 9. Section 331.244, Code 2003, is amended by 4 32 adding the following new subsection: 4 33 NEW SUBSECTION. 3. This section does not apply to 4 34 the city-county consolidated form of government. 4 35 Sec. 10. Section 331.247, Code 2003, is amended to 4 36 read as follows: 4 37 331.247 CITY-COUNTY CONSOLIDATION FORM. 4 38 1.A county and one or more cities within the4 39county may unite to form a single unit of local4 40government in accordance with this part.A commission 4 41 appointed pursuant to section 331.233A may propose a 4 42 charter under which a county and one or more cities 4 43 within the county may unite to form a single unit of 4 44 local government, or may propose a charter under which 4 45 a county and one or more cities within the county may 4 46 form a combined governance structure for the county 4 47 and such cities in accordance with this part. The 4 48 charter shall declare whether the form is a merger of 4 49 a county and one or more cities to form a single unit 4 50 of local government or whether the form establishes a 5 1 combined government structure of a county and one or 5 2 more cities. Either option proposed shall be referred 5 3 to as a city-county consolidated form of government. 5 4 If more than fifty percent of the population of a city 5 5 resides within the affected county, it is a city 5 6 within the county for the purposes of this section and 5 7 may continue its status as a city within the county 5 8 even if the population of such city falls below the 5 9 fifty percent threshold in a future census. 5 10 2.An alternative form of government, including a5 11charter form, for a consolidated unit of government5 12may be submitted to the voters only by a commission5 13established under this chapter.A majority vote by 5 14 thechartercommission is required for the submission 5 15 to the electorate ofan alternative form of government5 16foraconsolidated unit of local governmentproposed 5 17 charter for a city-county consolidated form of 5 18 government.The charter commission submitting a5 19consolidated form shall issue a final report and5 20proposal.5 21 3.An alternative form of government for aA city- 5 22 county consolidatedunit of local governmentform of 5 23 government does not need to include more than one 5 24 city. A city shall not be included unless the city 5 25 participates in the commission process, and a majority5 26of the electors of the affected city voting approves5 27the proposed charter for the consolidated government. 5 28 4. If an alternative form of government for a 5 29 consolidated unit of local government is proposed, 5 30 approval of the consolidation charter shall bea5 31 separateballot issuefrom approval of the alternative 5 32 form of government in those cities proposed to be 5 33 included in the consolidation.The consolidation5 34charter shall be effective in regard to a city5 35government only if a majority of the voters of the5 36city voting on the question voted for participation in5 37the consolidation charter.A city named on the ballot 5 38 shall consolidate with the county if a majority of the 5 39 votes cast in the city on the proposal approves the 5 40 proposal. If one or more cities named on the ballot 5 41 approves the proposal, the charter is adopted if both 5 42 a majority of the votes cast in the unincorporated 5 43 area of the county approves the proposal and a 5 44 majority of the votes cast in the entire county 5 45 approves the proposal. 5 46 5. A city may request to join an existing city- 5 47 county consolidated government by resolution of the 5 48 city council or upon petition of eligible electors of 5 49 the city equal in number to at least twenty-five 5 50 percent of the persons who voted at the lastgeneral6 1election for the office of governor or president of6 2the United States, whichever is fewerregular city 6 3 election. Within fifteen days after receiving a valid 6 4 petition, the city council of the petitioning city 6 5 shall adopt a resolution in favor of participation and 6 6 shallimmediately, within ten days of adoption, 6 7 forward the resolution to thelegislativegoverning 6 8 body of the city-county consolidated government. If a 6 9 majority of thecity-county consolidated legislative6 10 governing body of the city-county consolidated 6 11 government approves the resolution, the question of 6 12 joining the city-county consolidated government shall 6 13 be submitted to the electorate of the petitioning city 6 14 within sixty days after approval of the resolution. 6 15 6. a. If a charter is adopted, it may be amended 6 16 at any time by one of the following methods: 6 17 (1) The governing body of the city-county 6 18 consolidated form of government, by resolution, may 6 19 submit a proposed amendment to the voters at a general 6 20 election, and the proposed amendment becomes effective 6 21 upon approval by a majority of those voting. 6 22 (2) The governing body of the city-county 6 23 consolidated form of government, by ordinance, may 6 24 amend the charter. However, within thirty days 6 25 following publication of the ordinance, if a petition 6 26 valid under the provisions of section 331.306 is filed 6 27 with the governing body of the city-county 6 28 consolidated form of government, the governing body 6 29 must submit the charter amendment to the voters at the 6 30 next general election and, in such an event, the 6 31 amendment becomes effective only upon approval of a 6 32 majority of those voting within the city-county 6 33 consolidated area. 6 34 (3) If a petition valid under the provisions of 6 35 section 331.306 filed with the governing body of the 6 36 city-county consolidated form of government, proposing 6 37 an amendment to the charter, the governing body must 6 38 submit the proposed amendment to the voters at a 6 39 general election and, in such an event, the amendment 6 40 becomes effective only upon approval of a majority of 6 41 those voting within the city-county consolidated area. 6 42 b. If an election is held, the governing body 6 43 shall submit the question of amending the charter to 6 44 the electors in substantially the following form: 6 45 Should the amendment described below be adopted for 6 46 the city-county consolidated charter of (insert name 6 47 of county and of each consolidated city)? 6 48 The ballot must contain a brief description and 6 49 summary of the proposed amendment. 6 50 c. An amendment shall not adopt an alternative 7 1 form of county government but an amendment may allow 7 2 the governing body of a city-county consolidated form 7 3 of government that has a combined governance structure 7 4 to adopt a city-county consolidated form of government 7 5 under which a county and one or more cities within the 7 6 county unite to form a single unit of local 7 7 government. 7 8 Sec. 11. Section 331.248, subsection 1, Code 2003, 7 9 is amended to read as follows: 7 10 1. The charter commission proposingconsolidation7 11 a city-county consolidated form of government shall 7 12 prepare, adopt, andsubmitcause to be submitted to 7 13 the votersa consolidationthe charterincluding an7 14alternative form of government. 7 15 Sec. 12. Section 331.248, subsection 2, Code 2003, 7 16 is amended to read as follows: 7 17 2. Theconsolidationcharter for a city-county 7 18 consolidated form of government shall: 7 19 a. Provide for adjustment of existing bonded 7 20 indebtedness and other obligations in a manner which 7 21 will provide for a fair and equitable burden of 7 22 taxation for debt service. 7 23 b. Provide for establishment of service areas, 7 24 except that formation of a city-countyconsolidation7 25governmentconsolidated form of government shall not 7 26 affect the assignment of electric utility service 7 27 territories pursuant to chapter 476, and shall not 7 28 affect the rights of a city to grant a franchise under 7 29 chapter 364. 7 30 c. Provide for the transfer or other disposition 7 31 of property and other rights, claims, assets, and 7 32 franchises oflocal governmentsthe county and each 7 33 city consolidated under the alternative form. 7 34 d. Provide the official name of the city-county 7 35 consolidatedunit of local governmentform of 7 36 government. 7 37 e. Provide for the transfer, reorganization, 7 38 abolition, absorption, and adjustment of boundaries of 7 39 all existing boards, bureaus, commissions, agencies, 7 40 special districts, and political subdivisions of the 7 41 city-county consolidated form of government. 7 42 f.Include other provisions which the county7 43charter commission and the city charter commission7 44elect to include and which are not inconsistent with7 45state law.Provide for the exercise of home rule 7 46 power and authority not inconsistent with state law. 7 47 g. Provide for a governing body of an odd number 7 48 of members, not less than five, but which may exceed 7 49 the number of members specified in sections 331.201, 7 50 331.203, and 331.204. The titles of the members of 8 1 the governing body shall be determined by the charter. 8 2 h. Provide for a representation plan for the 8 3 governing body which representation plan may differ 8 4 from the representation plans provided in section 8 5 331.206 and in chapter 372. If the plan calls for 8 6 representation by districts, the plan shall be drawn 8 7 pursuant to section 331.210A, subsection 2, paragraph 8 8 "f". The initial representation plan shall be drawn 8 9 as provided in section 331.210A, subsection 2, 8 10 paragraph "f", within ninety days after the election 8 11 at which the charter is approved. For the initial 8 12 representation plan, the charter commission shall 8 13 assume the role of the governing body for purposes of 8 14 this paragraph and section 331.210A, subsection 2, 8 15 paragraphs "d" through "f". 8 16 i. Provide for the initial compensation for 8 17 members of the governing body and for a method of 8 18 changing the compensation. 8 19 j. Provide for the partisan election of its 8 20 officers. 8 21 Sec. 13. Section 331.248, Code 2003, is amended by 8 22 adding the following new subsection: 8 23 NEW SUBSECTION. 4. The consolidation charter may 8 24 include other provisions which the commission elects 8 25 to include and which are not irreconcilable with state 8 26 law. These provisions may include but are not limited 8 27 to the following: 8 28 a. Provide for a method of selecting officers of 8 29 the governing body and fixing their terms of office 8 30 which may differ from the requirements of sections 8 31 331.208 through 331.211 and the provisions of chapter 8 32 372. 8 33 b. Provide for meetings of the governing body and 8 34 rules of procedure which may differ from the 8 35 requirements of section 331.213, except that the 8 36 meetings shall be scheduled and conducted in 8 37 compliance with chapter 21. 8 38 c. Provide for combining the duties of elected 8 39 officials of the county, for eliminating elected 8 40 offices and the assumption of the duties of those 8 41 offices by appointed officials, and for adding to, 8 42 deleting, or otherwise changing the duties of 8 43 officials, elected or otherwise, of the county and 8 44 each consolidated city. 8 45 d. Provide for the organization of city and county 8 46 departments, agencies, or boards. The organization 8 47 plan may provide for the abolition or consolidation of 8 48 a department, agency, board, or commission and the 8 49 assumption of its powers and duties by the governing 8 50 body or by another department, agency, board, or 9 1 commission. This paragraph does not apply to the 9 2 board of trustees of a county hospital. 9 3 e. Provide for a method for the governing body or 9 4 another office to exercise the powers and duties of 9 5 the township trustees, in lieu of their election or 9 6 appointment. 9 7 Sec. 14. Section 331.249, Code 2003, is amended to 9 8 read as follows: 9 9 331.249 EFFECT OF CONSOLIDATION. 9 10 1. a.The consolidation of one or more cities and9 11one or more counties shall create a unified government9 12which includes a municipal corporation and a county.9 13 A city-county consolidated form of government under 9 14 which a county and one or more cities within the 9 15 county unite to form a single unit of local government 9 16 shall create a unified government which includes a 9 17 municipal corporation and a county. The consolidated 9 18 unit shall have the separate status of a county and a 9 19 city for all purposes and shall constitute two 9 20 political subdivisions, a consolidated city and a 9 21 county, under combined governance. The consolidated 9 22 unit shall retain one separate constitutional debt 9 23 limitation with respect to its status as a city and a 9 24 separate constitutional debt limitation with respect 9 25 to its status as a county. 9 26 b. The governing body of a city-county 9 27 consolidated form of government under which a county 9 28 and one or more cities within the county form a 9 29 combined governance structure shall have, with respect 9 30 to the county, the power and authority of the board of 9 31 supervisors of a county, and, with respect to each 9 32 city, the power and authority of the city council of a 9 33 city. Each consolidated city and the county 9 34 constitute separate political subdivisions. Each 9 35 consolidated city and the county shall retain a 9 36 separate constitutional debt limitation and shall each 9 37 have the authority to issue bonds and incur financial 9 38 obligations in accordance with the provisions of state 9 39 law applicable to a city or a county, respectively. 9 40 2.AThe city-county consolidatedunit of local9 41governmentform of government may include an area 9 42 which is located in another county, but which is 9 43 within the corporate boundaries of one of the 9 44 consolidated cities. County servicesshallmay be 9 45 provided in the extra-county area and taxes to fund 9 46 those servicesshallmay be collected in the extra- 9 47 county area by the consolidated government, to the 9 48 extent permitted by the Constitution of the State of 9 49 Iowa. In addition to the right to vote in the county 9 50 of residence, electors residing in the extra-county 10 1 area shall have the right to vote on any matter 10 2 related to the city-county consolidatedunit of local10 3 form of government, including election of its 10 4officialsgoverning body. 10 5 If a city-county consolidation charter is proposed, 10 6 within ninety days following the final report of the 10 7 commission, a resident or property owner of the 10 8 commission area proposed to be consolidated may bring 10 9 an action in district court for declaratory judgment 10 10 to determine the legality of the proposed charter and 10 11 to otherwise declare the effect of the charter. The 10 12 court shall expedite its review and determination in 10 13 this matter. The referendum on the proposed charter 10 14 shall be stayed during pendency of the action and for 10 15 such additional time during which the proposed charter 10 16 or its enabling legislation does not conform to the 10 17 Constitution or laws of the State of Iowa. If in its 10 18 final judgment the court determines that the proposed 10 19 charter fails to conform to the Constitution or laws 10 20 of this state, the commission shall have a period of 10 21 six months in which to revise and resubmit the 10 22 proposed charter. 10 23 3. All provisions of law authorizing contributions 10 24 of any kind, in money or otherwise, from the state or 10 25 federal government to counties and cities shall remain 10 26 in full force with respect to each city and the county 10 27 comprising a city-county consolidatedlocalform of 10 28 government. 10 29 4. The adoption of the city-county consolidated 10 30 form of government does not alter any right or 10 31 liability of the county or consolidated city in effect 10 32 at the time of the election at which the charter was 10 33 adopted. 10 34 5. All departments and agencies of the county and 10 35 of each consolidated city shall continue to operate 10 36 until their authority to operate is superseded by 10 37 action of the governing body. 10 38 6. Upon the effective date of the adopted charter, 10 39 the county shall adopt the city-county consolidated 10 40 form of government by ordinance, and shall file a copy 10 41 with the secretary of state and maintain available 10 42 copies for public inspection. 10 43 7. Members of the governing body of the county and 10 44 of each consolidated city shall continue in office 10 45 until the members of the governing body of the city- 10 46 county consolidated form of government have been 10 47 elected and sworn into office, at which time the 10 48 offices of the former governing bodies shall be 10 49 abolished, and the terms of the members of the former 10 50 governing bodies shall be terminated. During the 11 1 period between the effective date of the charter and 11 2 the election and qualification of the elected members 11 3 of the new governing body, the former governing bodies 11 4 of each consolidated city and of the county shall 11 5 continue to perform their duties and shall assist in 11 6 planning the transition to the city-county 11 7 consolidated form of government. 11 8 8. If a city-county consolidation charter is 11 9 submitted to the electorate but is not adopted, 11 10 another charter shall not be submitted to the 11 11 electorate for at least six years from the date of the 11 12 election at which the charter was rejected. If a 11 13 city-county consolidation charter is adopted, a 11 14 proposed charter for another alternative form of 11 15 county government shall not be submitted to the 11 16 electorate for at least six years from the date of the 11 17 election at which the charter was adopted. 11 18 Sec. 15. Section 331.250, Code 2003, is amended to 11 19 read as follows: 11 20 331.250 GENERAL POWERS OF CONSOLIDATED LOCAL 11 21 GOVERNMENTS. 11 22 The consolidation charter shall provide for the 11 23 delivery of services to specified areas of the 11 24consolidated local governmentcounty and of each 11 25 consolidated city. The governing body of the 11 26 consolidated government shalladministersupervise the 11 27 administration of the provision of services in each of 11 28 the designated service areas and shall have the 11 29 authority to determine the boundaries of the service 11 30 areas. For each service provided by the consolidated 11 31 government, the consolidated government shall assume 11 32 the same statutory rights, powers, and duties relating 11 33 to the provision of the service as if the county or 11 34 the member city were itself providing the service to 11 35 its citizens. 11 36 Sec. 16. Section 331.251, Code 2003, is amended to 11 37 read as follows: 11 38 331.251 RULES, ORDINANCES, AND RESOLUTIONS OF 11 39 CONSOLIDATEDUNITGOVERNMENT. 11 40Within two years after ratification of the11 41consolidation, the governing body of the consolidated11 42unit of local government shall revise, repeal, or11 43reaffirm all rules, ordinances, and resolutions in11 44force within the participating county and cities at11 45the time of consolidation.Each rule, ordinance, or 11 46 resolution in force within a county or within a city 11 47 at the time of consolidation shall remain in force 11 48 withinthe former geographic jurisdictionthat county 11 49 or within that city until superseded by action of the 11 50 new governing body, unless the rule, ordinance, or 12 1 resolution is in conflict with a provision of the 12 2 charter, in which case, the charter provision shall 12 3 supersede the conflicting rule, ordinance, or 12 4 resolution. Ordinances and resolutions relating to 12 5 public improvements to be paid for in whole or in part 12 6 by special assessments shall remain in effect until 12 7 paid in full. 12 8 Sec. 17. Section 331.252, Code 2003, is amended to 12 9 read as follows: 12 10 331.252 FORM OF BALLOT – CITY-COUNTY 12 11 CONSOLIDATION. 12 12 The question of city-county consolidation shall be 12 13 submitted to the electors in substantially the 12 14 following form: 12 15 Should thecorporate existence and governments of12 16the county of ...... and the cities of ...... and12 17...... be consolidated into one joint city-county12 18corporation governmentcharter described below be 12 19 adopted for (insert name of county and each city 12 20 proposing to consolidate)? 12 21If section 331.247, subsection 4, applies, the12 22following question shall be placed on the ballot of12 23each participating city:12 24Should the (name of city or second county)12 25participate in the consolidation charter?12 26 The ballot must contain a brief description and 12 27 summary of the proposed charteror amendment. 12 28 Sec. 18. Section 331.254, subsection 7, Code 2003, 12 29 is amended to read as follows: 12 30 7. The merger of the elective offices of each 12 31 consolidating county with the election of new officers 12 32 within sixty days after the effective date of the 12 33 charter which shall specifically provide that the 12 34 election of new officers shall be on a partisan basis. 12 35 The elections shall be conducted by the county 12 36 commissioner of elections of each county. No primary 12 37 election shall be held. Nominations shall be made 12 38 pursuant to section 43.78 and chapters 44 and 45, as 12 39 applicable, except that the filing deadline shall be 12 40 forty days before the election. 12 41 Sec. 19. Section 331.260, subsection 2, Code 2003, 12 42 is amended to read as follows: 12 43 2. A charter proposing a community commonwealth as 12 44 an alternative form of government may be submitted to 12 45 the voters only by a commission established under 12 46 section 331.232. A majority vote by the commission is 12 47 required for the submission of a charter proposing a 12 48 community commonwealth as an alternative form of local 12 49 government. The commission submitting a community 12 50 commonwealth form of government shall issue a final 13 1 report and proposal.If an alternative form of13 2government for a community commonwealth form of local13 3government is proposed, approval of the commonwealth13 4charter shall be a separate ballot issue from approval13 5of the alternative form of government in those cities13 6proposed to be included in the commonwealth. The13 7commonwealth charter shall be effective in regard to a13 8city government only if a majority of the voters of13 9the city voting on the question voted for13 10participation in the commonwealth charter.A city 13 11 named on the ballot shall be united with the county in 13 12 a community commonwealth if a majority of the votes 13 13 cast in the city on the proposal approves the 13 14 proposal. If one or more cities named on the ballot 13 15 approves the proposal, the charter is adopted if both 13 16 a majority of the votes cast in the unincorporated 13 17 area of the county approves the proposal and a 13 18 majority of the votes cast in the entire county 13 19 approves the proposal. 13 20 The question of forming a community commonwealth 13 21 shall be submitted to the electorate in substantially 13 22 the sameformmanner as provided in section 331.247, 13 23 subsection 4, and section 331.252. 13 24 Sec. 20. Section 331.261, subsection 2, Code 2003, 13 25 is amended to read as follows: 13 26 2. An elective legislative body established in the 13 27 manner provided for county boards of supervisors under 13 28 sections 331.201 through 331.216 and section331.23813 29 331.248, subsection 2. 13 30 Sec. 21. Section 331.261, unnumbered paragraph 2, 13 31 Code 2003, is amended to read as follows: 13 32 The community commonwealth charter may include 13 33 other provisions which the commission elects to 13 34 include and which are notinconsistentirreconcilable 13 35 with state law, including, but not limited to, those 13 36 provisions in section 331.248, subsection 4. 13 37 Sec. 22. Section 331.262, Code 2003, is amended by 13 38 adding the following new subsections: 13 39 NEW SUBSECTION. 1A. The adoption of the community 13 40 commonwealth form of government does not alter any 13 41 right or liability of the county or member city in 13 42 effect at the time of the election at which the 13 43 charter was adopted. 13 44 NEW SUBSECTION. 1B. All departments and agencies 13 45 of the county and of each member city shall continue 13 46 to operate until their authority to operate is 13 47 superseded by action of the governing body. 13 48 NEW SUBSECTION. 1C. All ordinances or resolutions 13 49 in effect remain effective until amended or repealed, 13 50 unless they are irreconcilable with the adopted 14 1 charter. 14 2 NEW SUBSECTION. 1D. Upon the effective date of 14 3 the adopted charter, the county shall adopt the 14 4 community commonwealth form of government by 14 5 ordinance, and shall file a copy with the secretary of 14 6 state and maintain available copies for public 14 7 inspection. 14 8 NEW SUBSECTION. 1E. Members of the governing body 14 9 of the county and of each member city shall continue 14 10 in office until the members of the governing body of 14 11 the community commonwealth form of government have 14 12 been elected and sworn into office, at which time the 14 13 offices of the former governing bodies shall be 14 14 abolished, and the terms of the members of the former 14 15 governing bodies shall be terminated. During the 14 16 period between the effective date of the charter and 14 17 the election and qualification of the elected members 14 18 of the new governing body, the former governing bodies 14 19 of each member city and of the county shall continue 14 20 to perform their duties and shall assist in planning 14 21 the transition to the community commonwealth form of 14 22 government. 14 23 NEW SUBSECTION. 1F. If a community commonwealth 14 24 charter is submitted to the electorate but is not 14 25 adopted, another charter shall not be submitted to the 14 26 electorate for at least six years from the date of the 14 27 election at which the charter was rejected. If a 14 28 community commonwealth charter is adopted, a proposed 14 29 charter for another alternative form of county 14 30 government shall not be submitted to the electorate 14 31 for at least six years from the date of the election 14 32 at which the charter was adopted. 14 33 Sec. 23. NEW SECTION. 331.264 LOCAL GOVERNMENT 14 34 ORGANIZATION REVIEW COMMITTEE. 14 35 1. A local government organization review 14 36 committee may be created in a county. The committee 14 37 shall be composed of the following members: 14 38 a. Three city council members appointed by the 14 39 city council of each participating city with a 14 40 population of twenty-five thousand or more. 14 41 b. Three county supervisors appointed by the 14 42 county board of supervisors. 14 43 c. One city council member appointed by each 14 44 participating city with a population of less than 14 45 twenty-five thousand. 14 46 d. One member shall be appointed by each state 14 47 legislator whose legislative district is located in 14 48 the county if a majority of the constituents of that 14 49 legislative district reside in the county. However, 14 50 if a county does not have a state representative's 15 1 legislative district which has a majority of a state 15 2 representative's constituency residing in the county, 15 3 the state representative having the largest plurality 15 4 of constituents residing in the county shall appoint a 15 5 member. The member appointed by each state legislator 15 6 shall be a person who is not holding elected office 15 7 and who is a resident of the legislative district of 15 8 the state legislator. 15 9 e. Three members appointed by the township 15 10 trustees of all the townships in the county and an 15 11 additional member appointed by the township trustees 15 12 for each five percent of the total population of the 15 13 county residing in the unincorporated area of the 15 14 county. The members shall be residents of the 15 15 unincorporated area of the county and shall be persons 15 16 who are not holding elected office other than that of 15 17 township trustee. The county auditor shall determine 15 18 the date and location for a meeting of the township 15 19 trustees of all the townships in the county at which 15 20 meeting the appointments shall be made and shall 15 21 provide written notice of the meeting to the trustees. 15 22 The meeting shall be held in accordance with chapter 15 23 21. 15 24 Organization and expenses of the committee are 15 25 subject to section 331.234 as if the committee were a 15 26 city-county consolidation or community commonwealth 15 27 commission. Sections 69.16 and 69.16A shall not apply 15 28 to the committee. However, a city allowed more than 15 29 one appointment shall balance its appointments in 15 30 accordance with sections 69.16 and 69.16A, when 15 31 possible. 15 32 2. Members shall be appointed to the organization 15 33 review committee within thirty days after any of the 15 34 following occurs: 15 35 a. The county board of supervisors and each city 15 36 council in the county adopt a joint resolution calling 15 37 for appointment of members to the committee and files 15 38 the resolution with the county board of supervisors. 15 39 b. The county board of supervisors in a county 15 40 adopts a resolution calling for appointment of members 15 41 to the committee. 15 42 c. A petition signed by eligible electors of the 15 43 county equal in number to at least twenty-five percent 15 44 of the votes cast in the county for the office of 15 45 president of the United States or governor at the 15 46 preceding general election or the signatures of at 15 47 least ten thousand eligible electors of the county, 15 48 whichever number is fewer, is filed with the county 15 49 board of supervisors. 15 50 3. Within seven months after the organization of 16 1 the organization review committee, the committee shall 16 2 submit a preliminary report to the county board of 16 3 supervisors with a recommendation as to what the 16 4 committee believes to be the best proposal for an 16 5 alternative form of government for the county. The 16 6 auditor's office shall make the report available to 16 7 the public upon request. A summary of the report 16 8 shall be published in the official newspapers of the 16 9 county and in a newspaper of general circulation in 16 10 each participating city. 16 11 4. If the committee report recommends a city- 16 12 county consolidation or community commonwealth, the 16 13 committee shall continue its existence and be 16 14 designated, and operate with the powers and duties of, 16 15 a commission created pursuant to section 331.233A. If 16 16 the committee report recommends a multicounty 16 17 consolidation, the committee shall continue its 16 18 existence and be designated, and operate with the 16 19 powers and duties of, a commission created pursuant to 16 20 section 331.233. 16 21 5. This section does not apply to a county in 16 22 which a charter commission has been established and is 16 23 operating as of July 1, 2003. 16 24 Sec. 24. Section 372.1, Code 2003, is amended by 16 25 adding the following new subsections: 16 26 NEW SUBSECTION. 7. City-county consolidated form 16 27 as provided in sections 331.247 through 331.252. 16 28 NEW SUBSECTION. 8. Community commonwealth as 16 29 provided in sections 331.260 through 331.263. 16 30 Sec. 25. Section 372.2, unnumbered paragraph 1, 16 31 Code 2003, is amended to read as follows: 16 32AUnless otherwise provided by law, a city may 16 33 adopt a different form of government not more often 16 34 than once in a six-year period. A different form, 16 35 other than a home rule charter,orspecial charter, 16 36 city-county consolidated form of government, or 16 37 community commonwealth must be adopted as follows: 16 38 Sec. 26. IMPLEMENTATION OF ACT. Section 25B.2, 16 39 subsection 3, shall not apply to this Act. 16 40 Sec. 27. EFFECTIVE AND APPLICABILITY DATES. This 16 41 Act, being deemed of immediate importance, takes 16 42 effect upon enactment and applies to charter 16 43 commissions in existence on the effective date of this 16 44 Act." 16 45 16 46 16 47 16 48 JOCHUM of Dubuque 16 49 SF 390.209 80 16 50 sc/sh
Text: H01192 Text: H01194 Text: H01100 - H01199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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