Chapter 365 — 1906 Boundaries Remain Unless Changed by County

365.01 1906 Boundaries Remain Unless Changed by County Town boundaries set as of 1906 stay the same unless changed by the county board. 365.02 Town Corporation May Sue, Own Property, Make Contracts A town is a public corporation that can sue, be sued, own property, and make contracts. 365.025 Contracts; Time Payments; Petition on Big Buys Towns can make contracts, use time payments for purchases, and must get voter approval for large purchases through a … 365.03 This section has been repealed. 365.04 Property to or for Use of Town is Town Property Any property given to or bought for the use of a town belongs to the town. 365.05 Deed of Town Land; Formalities; Interest Given A town's deed must be signed by the chair and clerk, sealed with the town seal, and acknowledged. The deed transfers fee … 365.06 This section has been repealed. 365.07 To Pay Officers and Expenses; to Raise Money The town must pay its officers and cover operating expenses, and can raise money through taxes or other lawful means. 365.08 Town Damage to Private Road is a Charge if Voted Damage from a town road to private property can be paid as a town charge if voters approve it at a town meeting. 365.09 Charges Paid by Taxes Levied Under Chapter 275 Town charges and expenses are paid through property taxes levied under Chapter 275. 365.10 Annual Town Meeting; Powers of Electors The annual town meeting gives voters power to set budgets, pass bylaws, decide local issues, and elect officers. 365.105 This section has been repealed or renumbered. 365.106 This section has been repealed or renumbered. 365.11 Notice of Bylaw Required; Binds All in Town A town bylaw must be posted publicly before taking effect, and once posted, it applies to everyone in the town. 365.12 This section has been repealed. 365.125 Ordinance Formalities; Publish, Post, Record Town ordinances must be published or posted and recorded by the clerk to take effect. 365.13 Poundmaster Needed if Electors Want Pound If voters decide to have a town pound for stray animals, the board must appoint a poundmaster. 365.14 Board to Tax for, Contract for, Manage Town Hall The town board can levy taxes for, build, and manage a town hall, and may contract for its construction. 365.15 Police, Fire Protection Towns may provide police and fire protection services. 365.16 Police and Fire Apparatus Towns may buy police cars, fire trucks, and other public safety equipment. 365.17 Joint Fire Equipment With Adjacent Towns Towns can make agreements with neighboring towns to share fire equipment and services. 365.18 Board Levy for Police and Fire Apparatus The town board can levy taxes to pay for police and fire equipment. 365.181 Contracted Fire Service; Cost Data; Assessments Towns that contract for fire service must share cost data. Fire protection costs can be assessed to benefited … 365.19 Relation of Levies to Forestry Act, Levy Town levies for fire protection are separate from and in addition to any forestry act levies. 365.20 Police, Fire, Water in Certain Platted Towns Certain platted towns can provide police, fire, and water services within their borders. 365.21 Special Election for Police, Fire, Water A special election can be called to decide whether a platted town should provide police, fire, or water services. 365.22 Conduct of Election; Ballots, Voting, Hours Special elections use printed ballots, standard voting procedures, and set polling hours. 365.23 Meeting for Section 365.20 Spending, Pacts, Tax After voters approve police, fire, or water services, a town meeting is held to set spending, contracts, and taxes. 365.24 Election May Revoke Earlier Grant of Power A later election can revoke the powers granted at an earlier special election. 365.243 County Fire Service to Unorganized Territory Counties can provide fire service to unorganized territory (areas without township government). 365.25 This section has been repealed. 365.26 Cemetery Land; Board Control; Sale or Lease; City Aid The town board controls cemetery land, can buy or accept it, and may sell or lease parts not needed for burial. Cities … 365.27 Sale and Reversion of Lots; Use of Funds The board can sell cemetery lots and revert unused lots to the town. Proceeds go to the cemetery fund. 365.28 Public Burial Ground Becomes Town Property After Ten Years Any public burial ground in a town for 10 or more years becomes town property if no other entity claims it. 365.29 Part of Lot Price to Cemetery Fund; Use of Funds Part of each cemetery lot sale price goes into the town cemetery fund for maintenance. 365.30 Board Sets Lot Care Share; Use of Funds The board sets each lot owner's share of general cemetery care costs, which is deposited in the cemetery fund. 365.31 Gift for Cemetery or Lot; Use of Funds for Care Gifts and donations for cemetery or lot care are deposited in the cemetery fund and used for maintenance. 365.32 Deposit of Cemetery Funds Cemetery funds must be deposited in an authorized financial institution. 365.33 How County to Treat Town Cemetery Money The county treats town cemetery money the same way it handles other trust funds. 365.34 If Depository Changed, Fund to Be Changed If the town changes its financial institution, the cemetery fund must be moved to the new one. 365.35 Fund Principal; Interest The cemetery fund's principal is preserved and only the interest is spent on maintenance. 365.36 Investment of Cemetery Fund Cemetery fund money can be invested following the same rules as other township investments. 365.37 Conflicts, Bids, Emergencies, Penalty, Removal Town officers with conflicts of interest in contracts face penalties. Emergency purchases have special rules. 365.38 Notify Clerk Before Suit; Wait 30 Days on Order Before suing a town, you must notify the clerk and wait 30 days. 365.39 Lawsuit With Town as Party is Like Any Lawsuit Lawsuits involving a town follow the same rules as any other civil lawsuit. 365.40 Town Name in Suit; Exception; Service; Defense Lawsuits name the town as a party. The clerk is served, and the board hires legal counsel. 365.41 Judgment Against Town; Payment; Execution A judgment against a town is paid from town funds. If funds are not available, the court can issue execution. 365.42 Amount of Unpaid Judgment Added to Tax Levy Unpaid judgments against a town are added to the next year's tax levy. 365.43 No Debt, Spending Beyond Tax Limit Without Vote A town cannot spend or go into debt beyond its tax levy limit without voter approval. 365.431 Amount Voted at Meeting is Tax Limit The total amount approved at a town meeting sets the maximum tax levy for that year. 365.44 Petition for Separation; Ballot at Town Meeting Voters in part of a town can petition to separate from the town. The question goes on the ballot at the next town … 365.45 Petition for Dissolution; by County Board A town can be dissolved by voter petition and county board action. 365.46 Notice to Secretary of State, Others; Recording When a town is dissolved or separated, the Secretary of State and other officials must be notified and the action … 365.47 County's Disposal of Town's Funds; Debt Levy When a town dissolves, the county handles remaining funds and can levy taxes to pay off the town's debts. 365.48 County May Bond to Pay Debt of Dissolved Town The county can issue bonds to pay off debts of a dissolved town. 365.49 Property of Dissolved Town Belongs to County All property of a dissolved town becomes county property. 365.50 First Town Meeting; Notice, Officers, Powers The first town meeting after a new town is organized follows special rules for notice, officer elections, and powers. 365.51 Annual Meeting; Notice, Business, Elections The annual town meeting requires posted notice, covers routine business, and includes officer elections. 365.52 Special Meeting; for Any Lawful Purpose Special town meetings can be called for any lawful purpose. 365.53 Clerk to Record Need to Meet; Give Notice The clerk must record the need for a meeting and give proper public notice. 365.54 Annual Meeting Time; Convener; Moderator; Pay The annual meeting is held in March, opened by the chair or senior supervisor, and the moderator is paid $15 per day. 365.55 Town Clerk is Meeting Clerk; Minutes to Be Filed The town clerk serves as the meeting clerk, takes minutes, and files them with the county. 365.56 Order of Business; Parliamentary Procedure Town meetings follow a set order of business and use parliamentary procedure. 365.57 Who May Vote; Challenges; Oath Only eligible voters may vote at town meetings. Votes can be challenged, and challenged voters must take an oath. 365.58 May Adjourn Meeting A town meeting can be adjourned to continue on another day. 365.59 County to Appoint Officers if None Elected If no officers are elected at the town meeting, the county board appoints them. 365.60 This section has been repealed. 365.61 This section has been repealed.