COUNTIES; ZONING; TAXATION   

Distinguishing "industry" from "agriculture"; egg breaking.  Iowa Code §§331.304, 335.1, 335.2, 335.3, 335.4, 428.20, 441.21 (1999).  A county may subject a proposed egg-breaking operation to zoning regulations, because, as a matter of law, that particular operation does not constitute agriculture.  "Agriculture" in this context means the art or science of cultivating the ground, including the harvesting of crops and the rearing and managing of livestock.  Whether the county may classify the proposed egg-breaking operation as industry for property tax purposes is a question of fact initially for the county assessor's determination and ultimately a court's.  "Industry" in this context includes any process of manufacturing, refining, and purifying and excludes any process that does not change the character of an agricultural commodity.  (Kempkes to Eddie, State Representative, 2-1-01)
#01-2-1

JUVENILE LAW; COUNTIES 

Unreimbursed shelter care costs.  Iowa Code  §§232.141, 234.35, 234.39 (1999).  When counties incur expenses for providing children with shelter care services that the State does not reimburse, section 234.39 does not authorize counties to pursue reimbursement for those expenses from the parents.  (Kempkes to Zenor, Clay County Attorney, 1-11-01) #01-1-1

MUNICIPALITIES

Public notice and required readings and publication of proposed ordinances.  Iowa Code §§21.4(1), 380.3, 380.6(1)(a) (2001).  Iowa Code section 21.4(1) requires that the council give notice of the time, date, and place of each meeting as well as its tentative agenda, which would include listing of proposed ordinances to be discussed.   Iowa Code section 380.3 allows a municipal council to suspend the multiple reading requirements therein and approve an ordinance by affirmative vote at a single meeting.  Iowa Code section 380.6(3) requires that proposed ordinances be published after passage.  (Biederman to Hardisty, Adams County Atty., 3-2-01) #01-3-1(L)