Bill Text: IA HF2392 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act to legalize and validate the proceedings preliminary to and in connection with a special election held to authorize the imposition of a local option sales and services tax within the City of Adel, Iowa under Iowa Code Chapter 423B, declaring the validity of said proceedings and the legality of the local option sales and services tax authorized by the special election, and providing an effective date and for retroactive applicability. (Formerly HSB 657)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2012-05-08 - Message from Senate. H.J. 934. [HF2392 Detail]
Download: Iowa-2011-HF2392-Introduced.html
House
File
2392
-
Introduced
HOUSE
FILE
2392
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HSB
657)
A
BILL
FOR
An
Act
to
legalize
and
validate
the
proceedings
preliminary
to
1
and
in
connection
with
a
special
election
held
to
authorize
2
the
imposition
of
a
local
option
sales
and
services
tax
3
within
the
City
of
Adel,
Iowa
under
Iowa
Code
Chapter
423B,
4
declaring
the
validity
of
said
proceedings
and
the
legality
5
of
the
local
option
sales
and
services
tax
authorized
by
the
6
special
election,
and
providing
an
effective
date
and
for
7
retroactive
applicability.
8
WHEREAS,
according
to
Iowa
Code
chapter
423B,
a
local
option
9
sales
and
services
tax
election
shall
be
submitted
to
the
10
voters
upon
the
filing
of
motion
or
motions
of
governing
bodies
11
of
cities
within
the
county
or
of
the
county
representing
at
12
least
one
half
of
the
population
of
the
county,
or
upon
the
13
submission
of
a
petition
signed
by
eligible
electors
of
the
14
county
equal
in
number
to
five
percent
of
the
persons
in
the
15
whole
county
who
voted
in
the
last
preceding
state
general
16
election;
and
17
WHEREAS,
on
April
26,
2010,
the
City
Council
of
Adel
passed
18
Resolution
No.
10-21
requesting
a
special
election
on
the
19
question
of
imposition
of
a
local
sales
and
services
tax
in
the
20
City
of
Adel;
and
21
WHEREAS,
upon
receipt
of
said
resolution,
the
Dallas
County
22
Commissioner
of
Elections
prepared
a
ballot
for,
published
23
notice
of,
and
otherwise
conducted
a
special
election
on
August
24
3,
2010
upon
the
question
of
imposition
of
a
local
sales
and
25
services
tax
in
the
City
of
Adel,
to
be
effective
January
1,
26
2011,
although
the
City
of
Adel
does
not
in
and
of
itself
27
represent
at
least
one
half
of
the
population
of
the
county;
28
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Introduced
and
29
WHEREAS,
at
the
election
a
majority
of
those
voting
approved
30
of
the
imposition
of
the
local
option
sales
and
services
tax,
31
and
on
August
10,
2010,
the
Dallas
County
Board
of
Supervisors
32
duly
canvassed
the
results
of
the
special
election
and
33
confirmed
that
394
votes
were
cast
in
favor
of
the
measure
and
34
340
votes
were
cast
against
the
measure;
and
35
WHEREAS,
on
August
31,
2010,
the
Dallas
County
Code
of
36
Ordinances,
chapter
6A,
was
updated
to
reflect
the
imposition
37
of
a
one
percent
(1%)
local
sales
and
services
tax
in
the
38
City
of
Adel,
to
be
effective
January
1,
2011,
and
thereafter
39
forwarded
to
the
Iowa
Department
of
Revenue;
and
40
WHEREAS,
the
local
option
sales
and
services
tax
has
been
41
imposed
and
collected
in
the
City
of
Adel
since
January
1,
42
2011,
and
the
City
now
desires
to
issue
bonds
under
Chapter
43
423B
payable
from
the
proceeds
of
the
local
option
sales
and
44
services
tax;
and
45
WHEREAS,
the
rights
of
citizens
in
other
communities
in
46
Dallas
County
to
seek
imposition
of
a
local
option
sales
47
and
services
tax
in
addition
to
the
City
of
Adel’s
are
not
48
jeopardized
by
the
legalization
of
the
City
of
Adel’s
election;
49
and
50
WHEREAS,
doubts
have
arisen
concerning
the
validity
51
and
legal
sufficiency
of
the
proceedings
preliminary
to
52
the
foregoing
special
election
and
the
validity
and
legal
53
sufficiency
of
such
election
and
of
the
local
option
sales
and
54
services
tax
authorized
by
said
election,
and
it
is
deemed
55
advisable
to
put
such
doubts
and
all
others
that
may
arise
56
concerning
the
same
forever
at
rest;
NOW
THEREFORE,
57
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
58
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2392
Section
1.
All
acts
and
proceedings
heretofore
taken
by
the
1
city
council
of
the
City
of
Adel
and
the
board
of
supervisors
2
and
commissioner
of
elections
of
Dallas
County
preliminary
to
3
and
in
connection
with
the
special
election
held
in
the
City
4
of
Adel
on
August
3,
2010
on
the
imposition
of
a
local
option
5
sales
and
services
tax
within
the
City
of
Adel,
and
the
said
6
special
election
and
the
local
option
sales
and
services
tax
7
approved
by
the
voters
at
said
special
election,
are
hereby
8
legalized,
validated
and
confirmed,
and
the
proceeds
of
such
9
local
option
sales
and
services
tax
may
be
lawfully
pledged
by
10
the
City
of
the
Adel
to
the
payment
of
bonds
as
provided
under
11
the
provisions
of
Iowa
Code
Chapter
423B.
12
Sec.
2.
This
Act,
being
deemed
of
immediate
importance,
13
takes
effect
upon
enactment
and
is
retroactively
applicable
to
14
August
3,
2010.
15
EXPLANATION
16
This
bill
relates
to
a
resolution
approved
by
the
Adel
city
17
council
to
place
a
question
on
the
ballot
for
the
imposition
18
of
a
local
sales
and
services
tax
within
the
city.
The
city
19
submitted
the
question
to
the
Dallas
county
commissioner
of
20
elections
who
placed
the
question
on
the
ballot.
However,
such
21
question
is
required
to
be
submitted
to
the
registered
voters
22
of
the
incorporated
and
unincorporated
areas
of
a
county,
and
23
not
only
to
the
city
adopting
the
resolution,
and
only
if
24
the
city
represents
at
least
one
half
of
the
population
of
25
the
county
(Code
section
423B.1(4)).
The
bill
legalizes
the
26
acts
and
proceedings
taken
by
the
city
council,
the
board
of
27
supervisors,
and
commissioner
of
elections
of
Dallas
county,
28
the
election
imposing
the
local
option
sales
and
services
tax,
29
and
the
local
option
sales
and
services
tax
approved
by
the
30
city’s
voters.
31
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