Iowa Admin. Code r. 263-10.5 - Board supervision of proposal execution

Current through Register Vol. 44, No. 20, April 6, 2022

The board shall proceed accordingly in the following cases:

(1) Discontinuance. Meaning the termination of a city; the board shall publish two notices as provided in Iowa Code section 368.15 that it will receive and adjudicate claims against a discontinued city for a period of six months from publication of last notice. The board shall take control of all city balances, property, and records during the six-month period. Upon the close of the six-month period, the board shall determine the extent of any unpaid allowed claims and such determination shall be verified by a certified public accountant or by the state auditor In the case of unpaid allowed claims, the board shall approve payment from the discontinued city's account or shall direct the appropriate governing body to levy the necessary taxes as provided for by section 368.21. After all allowed claims have been paid, any remaining balances in the discontinued city's account shall be deposited in the general fund of the county where the former city was located and all property and records of the discontinued city shall be deposited with the county auditor of the county designated by the board.
(2) Boundary adjustment. Meaning annexation, severance or consolidation; at the discretion of the board, and upon request of the governing bodies involved, advisory assistance may be provided in implementation of a boundary adjustment.
(3) Consolidation. Meaning the consolidation of two or more adjoining cities into one city; after the electorates have approved the consolidation, the board may authorize the cities to continue to operate as individual cities until an election of a new city council has been held and the result thereof certified. The election of a new city council shall be held within 90 days of the date of the appeal period authorized by Iowa Code section 368.22.

This rule is intended to implement Iowa Code section 368.21.


Iowa Admin. Code r. 263-10.5

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