The committee shall approve or disapprove the petition or plan as amended, within ninety days of the final hearing, and shall file its decision for record and promptly notify the parties to the proceeding of its decision. If a petition or plan is approved, the board shall set a date not less than thirty days nor more than ninety days after approval for a special election on the proposal and the county commissioner of elections shall conduct the election. In a case of incorporation or discontinuance, qualified electors of the territory or city may vote, and the proposal is authorized if a majority of those voting approves it. In a case of annexation or severance, qualified electors of the territory and of the city may vote, and the proposal is authorized if a majority of the total number of persons voting approves it. In a case of consolidation, qualified electors of each city to be consolidated may vote, and the proposal is authorized only if it receives a favorable majority vote in each city. The county commissioner of elections shall publish notice of the election as provided in section 49.53 and shall conduct the election in the same manner as other special city elections.
The costs of an incorporation election shall be borne by the initiating petitioners if the election fails, but if the proposition is approved the cost shall become a charge of the new city.
[R60, § 1032, 1037, 1043, 1044; C73, § 422, 423, 425, 430--;432, 447--;450; C97, § 600--;605, 610--;612, 615; S13, § 600--;602, 615; C24, 27, 31, 35, 39, § 5592--;5594, 5596, 5598, 5599, 5605, 5606, 5612--;5614; C46, 50, § 362.5--;362.7, 362.9, 362.11, 362.12, 362.19, 362.20, 362.26, 362.28, 362.29; C54, 58, 62, 66, 71, 73, § 362.5--;362.7, 362.9, 362.11, 362.12, 362.19, 362.20, 362.26; C75, 77, 79, 81, § 368.19]
91 Acts, ch 250, §10
Referred to in § 368.3, 368.20, 524.1202
Iowa General Assembly
Search: Iowa Code 1995
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