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Title XIV ROADS AND WATERWAYS

Chapter 238

previous next Effective - 28 Aug 2007bottom

  238.275.  Projects, transfer to commission or authority, when — abolishment of district, procedures, duties. — 1.  Within six months after development and initial maintenance costs of its completed project have been paid, the district shall pursuant to contract transfer ownership and control of the project to the commission or a local transportation authority which shall be responsible for all future maintenance costs pursuant to contract.  Such transfer may be made sooner with the consent of the recipient.

  2.  At such time as a district has completed its project and has transferred ownership of the project to the commission or other local transportation authority for maintenance, or at such time as the board determines that it is unable to complete its project due to lack of funding or for any other reason, the board shall submit for a vote in an election held throughout the district the question of whether the district should be abolished.  The question shall be submitted in substantially the following form:

Shall the ______ Transportation Development District be abolished?

  3.  The district board shall not propose the question to abolish the district while there are outstanding claims or causes of action pending against the district, while the district liabilities exceed its assets, or while the district is insolvent, in receivership or under the jurisdiction of the bankruptcy court.  Prior to submitting the question to abolish the district to a vote, the state auditor shall audit the district to determine the financial status of the district, and whether the district may be abolished pursuant to law.

  4.  While the district still exists, it shall continue to accrue all revenues to which it is entitled at law.

  5.  Upon receipt of certification by the appropriate election authorities that the majority of those voting within the district have voted to abolish the district, and if the state auditor has determined that the district's financial condition is such that it may be abolished pursuant to law, then the board shall:

  (1)  Sell any remaining district real or personal property it wishes, and then transfer the proceeds and any other real or personal property owned by the district, including revenues due and owing the district, to the commission or any appropriate local transportation authority assuming maintenance and control of the project, for its further use and disposition;

  (2)  Terminate the employment of any remaining district employees, and otherwise conclude its affairs;

  (3)  At a public meeting of the district, declare by a majority vote that the district has been abolished effective that date; and

  (4)  Cause copies of that resolution under seal to be filed with the secretary of state, the director of revenue, the commission, and with each local transportation authority affected by the district.  Upon the completion of the final act specified in this subsection, the legal existence of the district shall cease.

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(L. 1990 S.B. 479 & 649 § 65, A.L. 2007 S.B. 22)


---- end of effective   28 Aug 2007 ----

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