Bowers v. Polk County Board of Supervisors

638 N.W.2d 682, 2002 Iowa Sup. LEXIS 1, 2002 WL 15380
CourtSupreme Court of Iowa
DecidedJanuary 7, 2002
Docket01-1636
StatusPublished
Cited by81 cases

This text of 638 N.W.2d 682 (Bowers v. Polk County Board of Supervisors) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bowers v. Polk County Board of Supervisors, 638 N.W.2d 682, 2002 Iowa Sup. LEXIS 1, 2002 WL 15380 (iowa 2002).

Opinions

LAVORATO, Chief Justice.

Frank Bowers appeals from a district court judgment affirming the Polk County Board of Supervisors’ decision to authorize the issuance of essential county purpose bonds without holding a public referendum. Bowers contends the statutes at issue, as applied, violate the Iowa constitutional guarantees of equal protection and due process. Because we find no such constitutional violations, we affirm.

[686]*686I. Statutory Scheme.

We think a discussion of the statutory scheme at issue would put the facts and proceedings in this case in proper context and aid our discussion of the issues Bowers raises.

In 1981, the Iowa legislature enacted Iowa Code chapter 331, which addresses county home rule implementation. See 1981 Iowa Acts ch. 117. ‘Division IV of the chapter sets forth the powers and duties of the county board of supervisors regarding county finances. Iowa Code section 331.441 defines two types of general obligation bonds, “essential county purpose” bonds and “general county purpose” bonds. Iowa Code § 331.441(2)(b), (c) (2001).

Generally, “essential county purpose” includes, among other things, voting machines, bridges or highways, sewers, public buildings, enlargement and improvement of county hospitals, waterworks, etc. Iowa Code § 331.441(2)(b)(l)-(12). “Essential county purpose” also includes acquisition of a city convention center or veterans memorial auditorium, and carrying out urban renewal projects. Iowa Code § 331.441(2)(b)(13), (14). The bonds in this case are general obligation bonds for an essential county purpose that both Bowers and the Board describe as urban renewal. Section 331.441(2)(b)(14) therefore applies.

In general, essential county purpose bonds are not subject to the possibility of a voter referendum. Iowa Code § 331.443(2). Before the Board may issue bonds for an essential county purpose, it must publish a notice of the proposed action not less than four and not more than twenty days before the date of the meeting at which the board proposes to take action. Iowa Code §§ 331.443(2), 331.305. After considering oral or written objections at the meeting, the board may take additional action to issue the bonds or abandon the proposal to issue them. Iowa Code § 331.443(2). Any resident or property owner of the county may appeal the board’s decision to the district court within fifteen days, “but the additional action of the board is final and conclusive unless the court finds that the board exceeded its authority.” Id.

The procedure is different, however, for essential county purpose bonds to fund urban renewal projects. Such bonds are subject to the “right of petition for an election as provided in section 331.442, subsection 5, without limitation on the amount of the bond issue or the population of the county.” Iowa Code § 331.441(2)(b)(14). Additionally, “the board shall include notice of the right of petition in the notice of proposed action required under section 331.443, subsection 2.” Id.

As section 331.441(2)(b)(14) provides, section 331.442(5) sets forth the right-of-petition procedure for essential county purpose bonds to fund urban renewal projects. At least ten days prior to the meeting at which it proposes to take action, the board must give notice of the proposed action, and include a statement of the right to petition for an election. Iowa Code § 331.442(5)(a). If a petition is filed with the auditor “in the manner provided by section 331.306” at any time before the date fixed for the meeting at which the board proposes to take action, the board shall either by resolution abandon the proposal to issue the bonds or call a special election. Iowa Code § 331.442(5)(b). Section 331.306 provides that such a petition must be “signed by eligible electors of the county equal in number to at least ten percent of the votes cast in the county for the office of the president of the United States or governor at the preceding general election.” Iowa Code § 331.306. If the [687]*687board calls a special election, at least sixty-percent of the total votes cast must be in favor of issuing the bonds. Iowa Code § 331.442(4).

In contrast, the issuance of general county purpose bonds requires a special election. The issuance of such bonds requires a vote in favor of the bond proposal equal to at least sixty percent of the total vote cast for and against the bond proposal. See Iowa Code § 331.442(2), (4).

However, no special election is required for general county purpose bonds where the size of the bond issue is small enough when compared with the population of the county. See Iowa Code § 331.442(2), (5). In those limited circumstances (e.g., population of 20,000 or less, amount not more than $50,000), the board must give at least ten days’ notice of the proposed action and include a statement of the right to petition for an election. Iowa Code § 331.442(5). The petition process is the same as described above. See Iowa Code §§ 331.306, 331.442. “General county purpose” means a memorial building or monument, museum, park or recreation area, airport, county public hospital, etc., or “[a]ny other purpose which is necessary for the operation of the county or the health and welfare of its citizens.” Iowa Code § 331.441(2)(c).

With this statutory scheme in mind, we proceed to the background facts and proceedings in this case.

II. Background Facts and Proceedings.

On July 24, 2001, the Polk County Board of Supervisors adopted a resolution fixing the date for a meeting on the proposition to issue, in one or more series; not to exceed $151 million, general obligation bonds for an essential county purpose. The resolution also provided for publishing notice of the proposition. The bonds are to be used to finance the Iowa Events Center, a large arena and exhibit hall in downtown Des Moines, Iowa.

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Cite This Page — Counsel Stack

Bluebook (online)
638 N.W.2d 682, 2002 Iowa Sup. LEXIS 1, 2002 WL 15380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowers-v-polk-county-board-of-supervisors-iowa-2002.