331.249 - EFFECT OF CONSOLIDATION.

        331.249  EFFECT OF CONSOLIDATION.         1. a.  A city-county consolidated form of government under      which a county and one or more cities within the county unite to form      a single unit of local government shall create a unified government      which includes a municipal corporation and a county.  The      consolidated unit shall have the separate status of a county and a      city for all purposes and shall constitute two political      subdivisions, a consolidated city and a county, under combined      governance.  The consolidated unit shall retain one separate      constitutional debt limitation with respect to its status as a city      and a separate constitutional debt limitation with respect to its      status as a county.         b.  The governing body of a city-county consolidated form of      government under which a county and one or more cities within the      county create a unified government empowered to govern a city and a      county shall have, with respect to the county, the power and      authority of the board of supervisors of a county, and, with respect      to each city, the power and authority of the city council of a city.      Each consolidated city and the county constitute separate political      subdivisions.  Each consolidated city and the county shall each      retain a separate constitutional debt limitation and shall each have      the authority to issue bonds and incur financial obligations in      accordance with the provisions of state law applicable to a city or a      county, respectively.         2.  The city-county consolidated form of government may include an      area which is located in another county, but which is within the      corporate boundaries of one of the consolidated cities.  Services may      be provided in the extra-county area and taxes to fund those services      may be collected in the extra-county area by the consolidated      government, to the extent permitted by the Constitution of the State      of Iowa.  In addition to the right to vote in the county of      residence, electors residing in the extra-county area shall have the      right to vote on any matter related to the city-county consolidated      government, including election of its governing body and its chief      executive officer, if any.         If a city-county consolidation charter is proposed, within ninety      days following the final report of the commission, a resident or      property owner of the commission area proposed to be consolidated may      bring an action in district court for declaratory judgment to      determine the legality of the proposed charter and to otherwise      declare the effect of the charter.  The court shall expedite its      review and determination in this matter.  The referendum on the      proposed charter shall be stayed during pendency of the action and      for such additional time during which the proposed charter or its      enabling legislation does not conform to the Constitution or laws of      the State of Iowa.  If in its final judgment the court determines      that the proposed charter fails to conform to the Constitution or      laws of this state, the commission shall have a period of six months      in which to revise and resubmit the proposed charter.         3.  All provisions of law authorizing contributions of any kind,      in money or otherwise, from the state or federal government to      counties and cities shall remain in full force with respect to each      city and the county comprising a city-county consolidated government.         4.  The adoption of a charter for a city-county consolidated      government does not alter any right or liability of the county or      consolidated city in effect at the time of the election at which the      charter was adopted.         5.  All departments and agencies of the county and of each      consolidated city shall continue to operate until their authority to      operate is superseded by action of the governing body.         6.  Upon the effective date of the adopted charter, the county and      each participating city shall adopt the city-county consolidated form      of government by ordinance, and shall file a copy with the secretary      of state and maintain available copies for public inspection.  The      county shall provide each participating city with a copy of the      county's ordinance.  Each participating city shall provide a copy of      that city's ordinance to the county and to the other participating      cities.         7.  Members of the governing body of the county shall continue in      office after the effective date of the charter until the members of      the governing body and the chief executive officer, if any, of the      city-county consolidated government have been elected and qualified,      at which time the offices of the former governing body of the county      shall be abolished and the terms of the members of the former      governing body shall be terminated.  Members of the governing body      and the mayor of each consolidated city shall continue in office      after the effective date of the charter until the members of the      governing body of the city-county consolidated government and the      chief executive officer, if any, have been elected and qualified, at      which time the office of mayor and of the former governing body of      each consolidated city shall be abolished and the term of the members      of each governing body and the term of each mayor shall be      terminated.         During the period between the effective date of the charter and      the election and qualification of the members of the governing body      of the city-county consolidated government and the election and      qualification of the chief executive officer, if any, the former      governing bodies of the county and each city and the mayor of each      city shall continue to exercise the power of, and to perform the      duties for, their respective county and city.  The charter shall      provide that these incumbent officers assist in planning and carrying      out the transition to the city-county consolidated form of      government.  The board of supervisors shall include in its budget for      the fiscal year in which the charter becomes effective funds      sufficient to provide for the operating expenses of a transition      committee and for expenses incurred in initially establishing      districts if the charter provides for representation by districts and      for salaries for newly elected officers of the city-county      consolidated government, after consultation with the transition      committee.         8.  If a city-county consolidation charter is submitted to the      electorate but is not adopted, another charter shall not be submitted      to the electorate for at least two years from the date of the      election at which the charter was rejected.  If a city-county      consolidation charter is adopted, a proposed charter for another      alternative form of county government shall not be submitted to the      electorate for at least six years from the date of the election at      which the charter was adopted.  
         Section History: Recent Form
         88 Acts, ch 1229, §21; 91 Acts, ch 256, §23, 24; 2004 Acts, ch      1066, §18, 31         Referred to in § 331.231, 372.1, 373.4