331.443 - ESSENTIAL COUNTY PURPOSE BONDS.

        331.443  ESSENTIAL COUNTY PURPOSE BONDS.         1.  A county which proposes to carry out an essential county      purpose within or without its boundaries, and to contract      indebtedness and issue general obligation bonds to provide funds to      pay all or any part of the cost of a project shall do so in      accordance with this part.         2.  Before the board may institute proceedings for the issuance of      bonds for an essential county purpose, a notice of the proposed      action, including a statement of the amount and purposes of the      bonds, and the time and place of the meeting at which the board      proposes to take action for the issuance of the bonds, shall be      published as provided in section 331.305.  At the meeting, the board      shall receive oral or written objections from any resident or      property owner of the county.  After all objections have been      received and considered, the board, at that meeting or a date to      which it is adjourned, may take additional action for the issuance of      the bonds or abandon the proposal to issue the bonds.  Any resident      or property owner of the county may appeal the decision of the board      to take additional action to the district court of the county, within      fifteen days after the additional action is taken, but the additional      action of the board is final and conclusive unless the court finds      that the board exceeded its authority.  The provisions of this      subsection with respect to notice, hearing, and appeal, are in lieu      of any other law.         3. a.  Notwithstanding subsection 2, a board may institute      proceedings for the issuance of bonds for an essential county purpose      specified in section 331.441, subsection 2, paragraph "b",      subparagraph (18) or (19), in an amount equal to or greater than      three million dollars by causing a notice of the proposal to issue      the bonds, including a statement of the amount and purpose of the      bonds, together with the maximum rate of interest which the bonds are      to bear, and the right to petition for an election, to be published      at least once in a newspaper of general circulation within the county      at least ten days prior to the meeting at which it is proposed to      take action for the issuance of the bonds.         b.  If at any time before the date fixed for taking action for      the issuance of the bonds, a petition is filed with the county      auditor, signed by eligible electors of the county equal in number to      twenty percent of the persons in the county who voted for the office      of president of the United States at the last preceding general      election that had such office on the ballot, asking that the question      of issuing the bonds be submitted to the registered voters of the      county, the board shall either by resolution declare the proposal to      issue the bonds to have been abandoned or shall direct the county      commissioner of elections to call a special election upon the      question of issuing the bonds.  Notice of the election and its      conduct shall be in the manner provided in section 331.442.         c.  If a petition is not filed, or if a petition is filed and      the proposition of issuing the bonds is approved at an election, the      board may proceed with the authorization and issuance of the bonds.      
         Section History: Early Form
         [S81, § 331.443; 81 Acts, ch 117, § 442] 
         Section History: Recent Form
         2009 Acts, ch 100, §11, 21         Referred to in § 37.6, 37.27, 232.142, 331.301, 331.402, 331.441,      359.45