Use of farm-to-market road fund.

1. Notwithstanding section 310.4 , if the board of supervisors of a county does not plan to utilize its farm-to-market road fund allocation for the succeeding fiscal year for farm-to-market projects, the board may annually, by stipulation in the secondary road construction program and secondary road budget submitted to the department in accordance with sections 309.22 and 309.93 , determine an amount of the unobligated portion of its allocation, up to a maximum of fifty percent of its anticipated total annual allocation, for the construction and reconstruction of local secondary roads. However, moneys from the farm-to-market road fund shall not be so used if the moneys are needed to match federal funds available for farm-to-market road projects. 2. A county shall not use farm-to-market road funds as described in this section unless the total funds that the county transferred or provided during the prior fiscal year pursuant to section 331.429, subsection 1 , paragraphs “a” , “b” , “d” , and “e” , are at least seventy-five percent of the sum of the following: a. From the general fund of the county, the dollar equivalent of a tax of sixteen and seven-eighths cents per thousand dollars of assessed value on all taxable property in the county. b. From the rural services fund of the county, the dollar equivalent of a tax of three dollars and three-eighths of a cent per thousand dollars of assessed value on all taxable property not located within the corporate limits of a city in the county. [C81, S81, §309.10 ; 81 Acts, ch 117, §1045 ] 83 Acts, ch 123, §108, 208, 209 ; 84 Acts, ch 1102, §3 ; 84 Acts, ch 1178, §4 ; 90 Acts, ch 1267, §29 ; 91 Acts, ch 258, §42 ; 2010 Acts, ch 1061, §180 Referred to in §331.401