§ 331.249 — Effect of consolidation

Iowa § 331.249

• Jurisdiction: Iowa
• Title IX: LOCAL GOVERNMENT
• Ch. 331: COUNTY HOME RULE IMPLEMENTATION

Text

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 consolidatedcity 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. Eachconsolidatedcityandthecountyshalleachretainaseparateconstitutional
debtlimitationandshalleachhavetheauthoritytoissuebondsandincurfinancialobligations
in accordance with the provisions of state law applicable to a city or a county, respectively.
2. a. 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.
b. If a city-county consolidation charter is proposed, within ninety days following the final
reportofthecommission, aresidentorpropertyownerofthecommissionareaproposedtobe
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. Allprovisionsoflawauthorizingcontributionsofanykind,inmoneyorotherwise,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. Alldepartmentsandagenciesofthecountyandofeachconsolidatedcityshallcontinue
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. a. 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.
b. 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.