368.19 Time limit — election.
1. 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 submit the proposal at an election held on a date specified in section 39.2, subsection 4, paragraph “a” or “b”, whichever is applicable, and the county commissioner of elections shall conduct the election. In a case of incorporation or discontinuance, registered voters 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, registered voters 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, registered voters 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 elections.
2. The city shall provide to the commissioner of elections a map of the area to be incorporated, discontinued, annexed, severed, or consolidated, which must be approved by the commissioner as suitable for posting. The map shall be displayed prominently in at least one place within the voting precinct, and inside each voting booth.
3. 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; 95 Acts, ch 67, §53; 98 Acts, ch 1123, §16; 2008 Acts, ch 1115, §62, 71; 2009 Acts, ch 57, §90
Referred to in §368.3, 368.20
Structure Iowa Code
Chapter 368 - CITY DEVELOPMENT
Section 368.3 - Discontinuance — cemetery fund transfer.
Section 368.4 - Annexing moratorium.
Section 368.5 - Annexing state and county property.
Section 368.7 - Voluntary annexation of territory.
Section 368.7A - Secondary road annexation.
Section 368.8 - Voluntary severing of territory.
Section 368.9 - Board created.
Section 368.10 - Rules — filing fees.
Section 368.11 - Petition for involuntary city development action.
Section 368.13 - Board may initiate proceedings.
Section 368.14 - Local representatives.
Section 368.14A - Special local committees.
Section 368.15 - Public hearing.
Section 368.16 - Approval of proposal.
Section 368.17 - When approval barred.
Section 368.19 - Time limit — election.
Section 368.20 - Procedure after approval.
Section 368.21 - Supervision of procedures.
Section 368.23 - Fees and taxes of public utilities.
Section 368.24 - Notification to public utilities and to the department of revenue.
Section 368.25 - Failure to provide municipal services.
Section 368.25A - Boundary adjustment between cities by petition and consent.
Section 368.26 - Annexation of certain property — compliance with less stringent regulations.