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Codified Laws

TITLE 6

LOCAL GOVERNMENT GENERALLY

Chapter

01    Acts And Records Of Local Officers

02    Liquidation Of Retirement Programs

03    Joint County-Municipal-School District Buildings

04    Auditorium Building Funds

05    Exchanges Of Property And Work

05A    Local Improvement Assessments

06    Emergency Relocation Of Local Governments

07    Claims Against Insolvent Banks [Repealed]

08    Validation Of Prior Bonds Of Political Subdivisions

08A    Refunding Of Public Securities [Repealed]

08B    Bonds Of Local Public Bodies

09    Annual Fiscal Reports

10    Incorporation And Dissolution Of Political Subdivisions

11    Local Government Study Commission [Repealed]

12    Home Rule Charters

13    Disposal Of Surplus Government Property

14    Endowment Funds

15    Limitation On State Mandated Services

16    Special Districts

17    Cooperation Between Local Government Entities

18    Certified Site For Development [Repealed]

19    Certified Technology Parks [Repealed]

20    Airport Revenue Bonds

21    Historic Or Educational Townsites



CHAPTER 6-1

ACTS AND RECORDS OF LOCAL OFFICERS

6-1-1    Local officer's interest in public purchase or contract unlawful--Contract void.

6-1-2    Conditions under which contract with local officer permitted--Contract voidable if conditions not fully met.

6-1-2.1    Conditions under which competitive bid pursuant to chapter 5-18A from officer of governing body may be accepted.

6-1-3    Deposit of funds permitted despite bank connection of public officer.

6-1-4    Limitation of actions to recover amounts paid under unlawful contracts--Fraud or deceit.

6-1-5    Failure of local officer to make official report--Procurement of information at expense of political subdivision.

6-1-6    Expense of procuring information omitted from official report--Payment--Civil liability of officer and sureties.

6-1-7    Examination of county records at end of officer's term--Proceeding against delinquent officer.

6-1-8    Examination of records and proceedings against municipal, township, and school officers.

6-1-9    Officers to provide necessary blanks and records for office.

6-1-10    Publication of payroll information.

6-1-11    Form of certain public records--Duplicate--Computerization.

6-1-12    "Local government" defined.

6-1-13    Rent control of private residential property prohibited.

6-1-14    Limitation on delegation, transfer, or assignment of taxing authority.

6-1-15    Health and dental insurance.

6-1-16    Insurance for retiring employees.

6-1-17    Official prohibited from discussing or voting on issue if conflict of interest exists--Legal remedy.

6-1-18    Officer may consider relevant information from any source--Reliance on experience.

6-1-19    Formal rules of procedure and evidence not applicable to public hearing or meeting on proposed ordinance or resolution.

6-1-20    Formal rules of procedure and evidence not applicable to public hearing or meeting on quasi-judicial matter--Public disclosure of evidence.

6-1-21    Grounds for disqualification of officer in quasi-judicial proceeding.

6-1-22    Members of governing bodies displaced by natural disaster to continue term of office.

6-1-23    Fuel gas appliances--Ban prohibited--Exclusions.

6-1-24    Fuel gas service--Ban prohibited--Exclusions.



6-2 LIQUIDATION OF RETIREMENT PROGRAMS
CHAPTER 6-2

LIQUIDATION OF RETIREMENT PROGRAMS

6-2-1      Liquidation authorized--Vested rights protected.
6-2-2      Security for employees retired before liquidation--Retention of funds.
6-2-3      Judges' retirement program unaffected.



6-3 JOINT COUNTY-MUNICIPAL-SCHOOL DISTRICT BUILDINGS
CHAPTER 6-3

JOINT COUNTY-MUNICIPAL-SCHOOL DISTRICT BUILDINGS

6-3-1      Construction, furnishing, operation, and maintenance of common building authorized--Use of existing building.
6-3-2      Execution of agreement for common building--Contents and filing--Amendment and supplementation.
6-3-3      Appropriations and bonds authorized for common building--Bond issue prohibited until financing provisions complete.
6-3-4      Contents of resolution or ordinance, notice and ballot on bond issue.
6-3-5      Resubmission of bond proposition after rejection by voters.
6-3-6      Additional appropriations or bonds when cost exceeds estimates.
6-3-7      Improvements and equipping of building by participating subdivision.
6-3-8      Supplemental nature of powers granted.
6-3-9      Joint county-municipal building in county seat--Resolutions of governing bodies--Plans and specifications.
6-3-10      Elections on bonds for joint building.
6-3-11      Resubmission of bond question after rejection by voters.
6-3-12      Erection and maintenance of joint building in county seat--Selection of site.
6-3-13      Tax proceeds usable for joint building--Special building funds--Bonds--Private subscriptions and donations.



6-4 AUDITORIUM BUILDING FUNDS
CHAPTER 6-4

AUDITORIUM BUILDING FUNDS

6-4-1      Percentage of admission charge collected for fund--Restrictions on use of fund.
6-4-2      Investment of money in fund--Disposition of income.
6-4-3      Purposes for which fund used.



6-5 EXCHANGES OF PROPERTY AND WORK
CHAPTER 6-5

EXCHANGES OF PROPERTY AND WORK

6-5-1      Transfers of land or property between political subdivisions permitted--Work exchanges--Agreements of governing bodies.
6-5-2      Gratuitous transfers of property to another political subdivision or nonprofit corporation.
6-5-3      Resolution for gratuitous transfer of real property--Conveyance.
6-5-4      Exchange of land with private owner--Appraisal--Public notice and hearing.
6-5-5      Local governments permitted to lease, sell, give, or otherwise convey real and personal property to other units of government.



6-5A LOCAL IMPROVEMENT ASSESSMENTS
CHAPTER 6-5A

LOCAL IMPROVEMENT ASSESSMENTS

6-5A-1      Railroad property assessment.



6-6 EMERGENCY RELOCATION OF LOCAL GOVERNMENTS
CHAPTER 6-6

EMERGENCY RELOCATION OF LOCAL GOVERNMENTS

6-6-1      Meeting of governing body after or on threat of enemy attack--Designation of substitute place of government--Location within or without subdivision or state.
6-6-2      Powers exercised at substitute location--Formalities omitted--Validity of acts.
6-6-3      Supremacy of chapter over other provisions.



6-7 CLAIMS AGAINST INSOLVENT BANKS [REPEALED]
CHAPTER 6-7

CLAIMS AGAINST INSOLVENT BANKS [REPEALED]

[Repealed by SL 1974, ch 68, § 10]



6-8 VALIDATION OF PRIOR BONDS OF POLITICAL SUBDIVISIONS
CHAPTER 6-8

VALIDATION OF PRIOR BONDS OF POLITICAL SUBDIVISIONS

6-8-1      Validation of obligations--Subdivisions and obligations included.
6-8-2      Time period of obligations and proceedings validated.
6-8-3      Validation of obligations and proceedings despite irregularities and defects--Constitutional requirements not waived.
6-8-4      Obligations exceeding debt limitations not validated.
6-8-5 to 6-8-10. Repealed.



6-8A REFUNDING OF PUBLIC SECURITIES [REPEALED]
CHAPTER 6-8A

REFUNDING OF PUBLIC SECURITIES [REPEALED]

[Repealed by SL 1984, ch 43, § 131]



CHAPTER 6-8B

BONDS OF LOCAL PUBLIC BODIES

6-8B-1    Definitions.

6-8B-2    Election required for issuance.

6-8B-3    Resolution or ordinance declaring necessity of bond issue--Contents--Election.

6-8B-4    Notice of election.

6-8B-5    Ballot form.

6-8B-6    Improvement--Authorization of bonds for purchase or construction--Expenditures authorized.

6-8B-7    School, street, or utility improvements--Authorization of bonds.

6-8B-8    Issuance of bonds on approval by voters.

6-8B-9    Issuance, form, and terms of bonds.

6-8B-10    Public or private sale--Notice and procedure for public sale.

6-8B-11    Single issue of bonds separately approved.

6-8B-12    Interest rate.

6-8B-13    Disposition of proceeds.

6-8B-14    Negotiable investment security status.

6-8B-15    Powers as issuer of negotiable investment securities.

6-8B-16    Agents for authentication, transfer, registration, payment, and other functions--Central depository system.

6-8B-17    Authentication of bonds--Signatures--Seal.

6-8B-18    Registration books--Disclosure of information.

6-8B-19    Information filed with secretary of state by issuer.

6-8B-20    Costs of issuance and sale.

6-8B-21    Signature by resident attorney.

6-8B-22    Invalidity of bonds without attorney's signature.

6-8B-23    Notice of redemption.

6-8B-24    Replacement of lost, stolen, or destroyed bonds.

6-8B-25    Tax exemption.

6-8B-26    Anticipation notes--When issuance authorized.

6-8B-27    Anticipation notes--Amount--Term.

6-8B-28    Anticipation notes--Payment--Issuance of bonds required--Exchange--Redemption.

6-8B-29    Anticipation notes--Bond provisions applicable.

6-8B-30    Refunding bonds without election--Purposes.

6-8B-31    6-8B-31. Repealed by SL 1986, ch 61.

6-8B-32    Voluntary surrender required to refund bonds not maturing or callable for twenty-five years--Provision for payment.

6-8B-33    Approvals required for refunding bonds of issuer divided into other public bodies.

6-8B-34    Refunding after detachment of land from issuer.

6-8B-35    Maximum amount of refunding bonds.

6-8B-36    Maximum aggregate indebtedness of issuer.

6-8B-37    Bonds not included in computation of aggregate indebtedness.

6-8B-38    Combining outstanding issues for refunding--Combining refunding and other purposes--Issue in series.

6-8B-39    Bonds payable from different sources--Refunding by single issue prohibited.

6-8B-40    Refunding bonds not payable from same source as bonds being refunded--Election required.

6-8B-41    Combinations subject to more than one debt limit prohibited.

6-8B-42    Issuance and sale of refunding bonds.

6-8B-43    Conclusiveness of determination that limitations have been met.

6-8B-44    Recital of authority for issuance--Incontestability after delivery for value.

6-8B-45    Exchange or sale.

6-8B-46    Disposition of proceeds of sale--Escrow.

6-8B-47    Escrow including other funds.

6-8B-48    Investment of escrow funds--Amount required in escrow--Appropriation--Verification.

6-8B-49    Purchaser not responsible for application of proceeds.

6-8B-50    Disposition of accrued interest and premiums received on sale.

6-8B-51    Outstanding bonds unaffected.

6-8B-52    Chapter of full authority--Additional to other laws.

6-8B-53    Issuance of crossover refunding bonds--Deposit of proceeds in debt service fund--Maintenance of fund--Taxes levied and appropriated for payment of refunding bonds.

6-8B-54    Securities purchased for debt service fund limited.

6-8B-55    Definition of terms.

6-8B-56    Issuance of credit enhancement obligation--Conditions.

6-8B-57    Debt service reserve fund or credit facility.

6-8B-58    Issuance of credit enhancement obligation--Findings and determinations of chapter 1-16A.

6-8B-59    Referendum.

6-8B-60    Form of covenants or pledges.

6-8B-61    Agreements with health and educational facilities authority or other financial institution entered into by state entities.

6-8B-62    Credit enhancement obligations irrepealable until fully paid.

6-8B-63    Determination by governing body on limitations conclusive absent fraud or abuse.

6-8B-64    Ad valorem taxes--Limit.

6-8B-65    Agreements with health and educational facilities authority or other financial institution entered into by municipality or county--Provisions--Interest deemed perfected.

6-8B-66    Aggregate indebtedness of municipality or county--Limit--Calculation.

6-8B-67    Tax or revenue anticipation notes--Limit.

6-8B-68    Obligation subject to provisions of §§ 6-8B-9 to 6-8B-22, inclusive.

6-8B-69    Exemption from registration under chapter 47-31B.



6-9 ANNUAL FISCAL REPORTS
CHAPTER 6-9

ANNUAL FISCAL REPORTS [REPEALED]

6-9-1      Repealed.
6-9-2      Repealed.
6-9-3      Repealed.



6-10 INCORPORATION AND DISSOLUTION OF POLITICAL SUBDIVISIONS
CHAPTER 6-10

INCORPORATION AND DISSOLUTION OF POLITICAL SUBDIVISIONS

6-10-1      Incorporation or dissolution not effective until notice filed with secretary of state.
6-10-2      Form of notice filed with secretary of state--Articles or order.
6-10-3      Fees and tax money withheld from noncomplying subdivisions.



6-11 LOCAL GOVERNMENT STUDY COMMISSION [REPEALED]
CHAPTER 6-11

LOCAL GOVERNMENT STUDY COMMISSION [REPEALED]

[Repealed by SL 1994, ch 59, §§ 1-10]



6-12 HOME RULE CHARTERS
CHAPTER 6-12

HOME RULE CHARTERS

6-12-1      Expenses and cost of charter preparation and election.
6-12-2      Voting on proposal--Alternatives.
6-12-3      Alternatives proposed by board action on initiated petition.
6-12-4      Governmental structure to be established in charter.
6-12-5      Standards to be at least as stringent as state law.
6-12-6      Restrictions on power of home rule units.
6-12-7      Time of election on charter proposal by commission.
6-12-8      Special election on home rule charter--Exception.
6-12-8.1      Initiation of the action defined.
6-12-9      Preparation for election--Time of election on initiated charter.
6-12-10      Application of general election laws.
6-12-11      Filing of adopted charter with secretary of state--Violation--Effect.
6-12-12      Chapter not to invalidate prior proceedings.
6-12-13      Repealed.
6-12-14      Taxing power limited.
6-12-15      Scope of section 6-12-14.



CHAPTER 6-13

DISPOSAL OF SURPLUS GOVERNMENT PROPERTY

6-13-1    Disposition of surplus property.

6-13-2    Appraisal of value of surplus property--Filing of report.

6-13-3    Improvements appraised separately--Equipment and property not appraised.

6-13-4    Sale of surplus property--Notice--Exceptions.

6-13-5    Receipt of sealed bids--Sale to highest bidder--Absence of bids--Private sale.

6-13-5.1    Sale of property conveyed by a railroad.

6-13-5.2    Sale of government property at public auction or through broker--Offers--Notice.

6-13-6    Sale by auction--Notice by publication.

6-13-7    Persons prohibited from purchasing surplus property--Exception.

6-13-8    Deposit and credit of sale revenue.

6-13-9    Sale of real property under installment contract.

6-13-10    Acceptance of bid for installment contract.

6-13-11    Board approval of installment contract sales.

6-13-12    Full purchase price paid in cash--Execution of deed.

6-13-13    Less than full amount of purchase price in cash--Execution of contract for deed.

6-13-14    Transfer, license, or sale of computer software--Notice to board.

6-13-15    Transfer of county or municipal museum collections to certain nonprofit organizations.

6-13-16    Loaning of zoo animals.



6-14 ENDOWMENT FUNDS
CHAPTER 6-14

ENDOWMENT FUNDS

6-14-1      Creation and transfer of endowment fund.
6-14-2      Spending.



6-15 LIMITATION ON STATE MANDATED SERVICES
CHAPTER 6-15

LIMITATION ON STATE MANDATED SERVICES

6-15-1      Limited effect of state mandates to provide new activities or services.
6-15-2      Laws, rules, or regulations unaffected.



6-16 SPECIAL DISTRICTS
CHAPTER 6-16

SPECIAL DISTRICTS

6-16-1      Elections--Special districts--Board of directors.
6-16-2      Petition--Number of signatories--Deposit for costs.
6-16-3      Formation of new district.
6-16-4      Notification of voter registration deadline.
6-16-5      Election on question of incorporation in districts containing less than one thousand voters--Election of directors or trustees.
6-16-5.1      Election on question of incorporation in districts containing one thousand or more voters.
6-16-5.2      Election of directors or trustees in districts containing one thousand or more voters.
6-16-6      Voter eligibility.
6-16-7      Voting rights--Conflict.
6-16-8      Promulgation of rules.



6-17 COOPERATION BETWEEN LOCAL GOVERNMENT ENTITIES
CHAPTER 6-17

COOPERATION BETWEEN LOCAL GOVERNMENT ENTITIES

6-17-1      Definitions.
6-17-2      Resolution for governmental cooperation to be initiated by voters--Filing of petition--Number of signatures required.
6-17-3      Majority vote required to approve resolution of cooperation--Effective date.
6-17-4      Subject matter of initiated resolution.
6-17-5      Promulgation of rules.
6-17-6      Signer's address and date of signing--Certain signatures invalid.
6-17-7      Affidavit required of circulators of petition.
6-17-8      Election officials duty on receiving petition--Governing board action--Submission to voters.
6-17-9      Costs of election.
6-17-10      Resolution ballot printing and distribution.
6-17-11      Preservation of resolution petitions--Public inspection.
6-17-12      Waiting period before second vote on resolution.
6-17-13      Local government entity authorized to initiate resolution.
6-17-14      Judicial notice of local government entities.
6-17-15      Liberal construction of petitions.



6-18 CERTIFIED SITE FOR DEVELOPMENT [REPEALED]
CHAPTER 6-18

CERTIFIED SITE FOR DEVELOPMENT [REPEALED]

6-18-1      Superseded.
6-18-1.1, 6-18-2. Repealed.
6-18-3      Repealed.
6-18-4      Repealed.



6-19 CERTIFIED TECHNOLOGY PARKS [REPEALED]
CHAPTER 6-19

CERTIFIED TECHNOLOGY PARKS [REPEALED]

6-19-1 to 6-19-8. Repealed.



6-20 AIRPORT REVENUE BONDS
CHAPTER 6-20

AIRPORT REVENUE BONDS

6-20-1      Local government airport improvement contracts--Authorization, issuance, and sale of revenue bonds.
6-20-2      Contents of authorizing resolution or ordinance.
6-20-3      Adoption of resolution by airport board--Approval by governing body.
6-20-4      Minimum revenues for issuance of bonds--Items includable in estimated future revenues.
6-20-5      Funds available for payment of bonds--Pledge of revenue from future facilities.
6-20-6      Revenues available for operation and maintenance of airport--Taxing power not used to liquidate bonds--Exceptions.
6-20-7      Covenants respecting operation and maintenance of airport.
6-20-8      Default in payment of bonds--Mismanagement of airport--Appointment of receiver for payment of bonds--Restoration of airport to local control.



CHAPTER 6-21

HISTORIC OR EDUCATIONAL TOWNSITES

6-21-1    Townsite for historical or educational purposes authorized--Recording of plat--Name required.

6-21-2    Townsite exempt from incorporation requirements.

6-21-3    Governing board--Rules and regulations.

6-21-4    Public moneys--Limited sources.

6-21-5    Exemption from public control.

6-21-6    Duration of townsite--Active operation--Maintenance of property--Loss of designation.

6-21-7    Dissolution.