Local government cooperation and consolidation, procedures adopted.
Terms used in this Act mean:
No initiated resolution of cooperation may become operative unless approved by a
majority of the votes cast in each of the affected local government entities. If so approved, the
resolution takes effect one hundred eighty days after the election or other date as specifically stated
in the resolution or within one hundred eighty days after the election as the affected local
government entities may agree.
An initiated resolution may propose combining or consolidating any local
government functions including those that may be necessary for the immediate preservation of the
public peace, health, or safety or for the support of any government or existing public institutions.
The State Board of Elections shall promulgate rules pursuant to chapter 1-26
prescribing the format for a resolution of cooperation or consolidation petition and its verification.
Each person who has circulated a petition shall, before filing the petition, sign an
affidavit, under oath, verifying that the person circulated the petition and that either the person
circulating the petition or the signer added the signer's place of residence and date of signing. If
multiple sheets of paper are necessary to obtain the required number of signatures, each sheet shall
be self-contained and separately verified by the circulator.
When a petition to initiate a resolution is filed with a person in charge of an election,
that person shall present it to the local government entity governing board at its next regular or
special meeting. The local person in charge of an election shall certify that the minimum number of
signatures required pursuant to section 2 of this Act have been filed.
If the local government entities cannot reach an agreement on sharing costs, each
local government entity is responsible for its costs for the election. If there are any shared costs
between the local government entities, they shall be paid in proportional shares based on the number
of registered voters in each of the affected jurisdictions.
The person in charge of an election shall have ballots printed for the vote upon the
resolution and have them distributed as other official ballots are distributed. All questions to be
voted upon at the same election may be submitted upon the same ballot.
The person in charge of an election shall preserve all petitions requesting a
resolution for at least two years. The petitions are open to public inspection upon reasonable
No question contained in an initiated resolution may be voted upon again within one
year from the date of the election thereon.
A local government entity governing board may propose and adopt a resolution
under this Act and directly present it to the people for a vote as allowed under this Act without
resorting to the petition process.
The court shall take judicial notice of the existence of all local government entities
organized under the general laws of this state and of any change of organization authorized thereby.
Any petition filed pursuant to this Act may be made up and signed and shall be
liberally construed as provided by the statute governing an initiated law.