28E.6 - ADDITIONAL PROVISIONS.
28E.6 ADDITIONAL PROVISIONS.
1. If the agreement does not establish a separate legal entity to
conduct the joint or cooperative undertaking, the agreement shall
also include:
a. Provision for an administrator or a joint board
responsible for administering the joint or cooperative undertaking.
In the case of a joint board, public agencies party to the agreement
shall be represented.
b. The manner of acquiring, holding, and disposing of real
and personal property used in the joint or cooperative undertaking.
2. The joint board specified in the agreement shall be a
governmental body for purposes of chapter 21 and the entity created
shall be a government body for purposes of chapter 22 unless the
entity created or agreement includes public agencies from more than
one state.
3. a. A summary of the proceedings of each regular,
adjourned, or special meeting of the joint board of the entity
created in the agreement, including the schedule of bills allowed,
shall be published after adjournment of the meeting in one newspaper
of general circulation within the geographic area served by the joint
board of the entity created in the agreement. The summary of the
proceedings shall include the date, time, and place the meeting was
held, the members present, and the actions taken at the meeting. The
joint board of the entity created in the agreement shall furnish the
summary of the proceedings to be submitted for publication to the
newspaper within twenty days following adjournment of the meeting.
The publication of the schedule of bills allowed shall include a list
of all salaries paid for services performed, showing the name of the
person or firm performing the service and the amount paid. The
publication of the schedule of bills allowed may consolidate amounts
paid to the same claimant if the purpose of the individual bills is
the same. However, the names and gross salaries of persons regularly
employed by the entity created in the agreement shall only be
published annually.
b. An entity created which had a cash balance, including
investments, of less than one hundred thousand dollars at the end of
the previous fiscal year and which had total expenditures of less
than one hundred thousand dollars during the prior fiscal year is not
required to publish as required in paragraph "a". However, such
an entity shall file without charge, in an electronic format, the
information described in paragraph "a" with the office of the
county recorder in the most populous county served by the entity.
The county recorder shall make the information submitted available to
the public, which information shall also include access to a copy of
the agreement creating the entity.
c. This subsection shall not apply to an entity created in an
agreement that includes public agencies from more than one state or
to a contract entered into pursuant to section 28E.12.
4. A joint board of an entity created in an agreement that is
responsible for the operation of a public facility or a public
improvement may undertake the emergency repair of the facility or
improvement in the manner provided in section 384.103, subsection 2.
If an emergency repair is undertaken by the joint board, the
chairperson, chief officer, or chief official of the joint board
shall perform the duties assigned to the chief officer or official of
the governing body of the city under section 384.103, subsection 2.
Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 28E.6] Section History: Recent Form
2006 Acts, ch 1153, §7, 9; 2007 Acts, ch 158, §1, 4; 2009 Acts, ch
100, §4, 21
Referred to in § 28E.8, 28E.28, 28E.41