1. A library district may be established composed of one or more counties, one or more cities, or any combination of cities and counties.
2. a. Eligible electors residing within the proposed district in a number not less than five percent of those voting for president of the United States or governor, as the case may be, within the district at the last general election may petition the board of supervisors of the county, or the city council, for the establishment of the library district. The petition shall clearly designate the area to be included in the district, the total number of board members, and how representation on the board shall be divided among the jurisdictions.
b. The board of supervisors of each county and the city council of each city containing area within the proposed district shall submit the question to the registered voters within their respective counties and cities at the next general election. The petition shall be filed not less than eighty-two days before the election.
3. a. A library district shall be established if a majority of the electors voting on the question and residing in the proposed library district favor its establishment.
b. The result of the election within cities maintaining a free public library shall be considered separately, and no city shall be included within the library district unless a majority of its electors voting on the question favor its inclusion. In such cases the boundaries of an established district may vary from those of the proposed district.
4. After the establishment of a library district, other areas may be included subject to the approval of the board of trustees of the library district and the passage of a referendum by the electors of the area sought to be included. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §358B.2] C93, §336.2 95 Acts, ch 67, §53; 2001 Acts, ch 158, §26; 2002 Acts, ch 1134, §96, 115; 2010 Acts, ch 1031, §322; 2010 Acts, ch 1061, §139 Referred to in §331.381, 670.7 \n
Notes of Decisions
McCandless v. Dist. Court of Polk Cnty., 61 N.W.2d 674 (Iowa 1953).
· cites it 8× “The duties of county attorneys are prescribed by section 336.2 of the 1950 Code, I.C.A. The general rule as to the authority of the prosecutor in criminal cases is laid down in 27 C.”
Bartel v. Johnson Cnty., 322 N.W.2d 901 (Iowa Ct. App. 1982).
· cites it 36× “Plaintiff argues that the county attorney's office was obligated by the terms of section 336.2(6), The Code, to represent him in the contest court and any derivative proceedings, but that office was under a disability because of its relationship with the presiding officer of the…”
State v. Iowa Dist. Court of Sioux Cnty., 286 N.W.2d 22 (Iowa 1979).
· cites it 2× “The person holding that office is not only the legal officer of the county, § 336.2, The Code, but also would be familiar with the criminal case handled by the court-appointed counsel.”
Smith v. Bd. of Sup'rs of Des Moines Cnty., 320 N.W.2d 589 (Iowa 1982).
· cites it 2× “The court reasoned that section 336.2(6), The Code, which provides for representation of a county officer by the county attorney, implies that officers are entitled to representation by an attorney at the expense of the county.”
State v. Gill, 143 N.W.2d 331 (Iowa 1966).
· cites it 2× “Section 336.2, Code of Iowa. Ordinarily, a criminal case is under the control of the county attorney until the supreme court acquires jurisdiction, after which it is under the sole control of the attorney general.”
State v. Jensen, 189 N.W.2d 919 (Iowa 1971).
“7: A search warrant may in all cases be served by any peace officer, but by no other person, except in aid of the officer on his requisition, he being present and acting in its execution. The agents of the bureau and the policemen were all peace officers.”
Land O'Lakes Purina Feed LLC v. Jaeger, 976 F. Supp. 2d 1073 (S.D. Iowa 2013).
“at § 336.2 — 709(l)(b). This interpretation is consistent with persuasive Minnesota case law and case law from other jurisdictions.”
— Iowa Code § 336.2(1) — 1 case
State v. Jensen, 189 N.W.2d 919 (Iowa 1971).
“7: A search warrant may in all cases be served by any peace officer, but by no other person, except in aid of the officer on his requisition, he being present and acting in its execution. The agents of the bureau and the policemen were all peace officers.”
— Iowa Code § 336.2(6) — 2 cases
Bartel v. Johnson Cnty., 322 N.W.2d 901 (Iowa Ct. App. 1982).
“Plaintiff argues that the county attorney's office was obligated by the terms of section 336.2(6), The Code, to represent him in the contest court and any derivative proceedings, but that office was under a disability because of its relationship with the presiding officer of the…”
Smith v. Bd. of Sup'rs of Des Moines Cnty., 320 N.W.2d 589 (Iowa 1982).
“The court reasoned that section 336.2(6), The Code, which provides for representation of a county officer by the county attorney, implies that officers are entitled to representation by an attorney at the expense of the county.”
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