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Text: SF00484                           Text: SF00486
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Senate File 485

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  298.6  LEVY FOR ANNUAL LEASE ON
  1  2 JOINT BUILDING.
  1  3    If a school district has joined with the county or a city
  1  4 to form an authority for a joint building as provided in
  1  5 section 346.27, and has entered into a lease with the
  1  6 authority, the board of directors may levy a tax sufficient to
  1  7 pay the annual rent payable under the lease.
  1  8    Sec. 2.  Section 331.424, subsection 1, paragraph k, Code
  1  9 1995, is amended to read as follows:
  1 10    k.  Joint county, and city, or school district building
  1 11 authorities established under section 346.27, as provided in
  1 12 subsection 22 of that section.
  1 13    Sec. 3.  Section 346.27, subsection 2, Code 1995, is
  1 14 amended to read as follows:
  1 15    2.  Any A county may join with its county seat, city, or
  1 16 school district which shares common land area with another
  1 17 county, city, or school district may join to incorporate an
  1 18 "Authority" for the purpose of acquiring, constructing,
  1 19 demolishing, improving, enlarging, equipping, furnishing,
  1 20 repairing, maintaining, and operating a public building, and
  1 21 to acquire and prepare the necessary site, including
  1 22 demolition of any structures, for the joint use of the county
  1 23 and city or any school district which is within or is a part
  1 24 of the county or city all or a part of the building by the
  1 25 incorporating units.
  1 26    Sec. 4.  Section 346.27, subsection 3, Code 1995, is
  1 27 amended by adding the following new paragraph:
  1 28    NEW PARAGRAPH.  c.  For a school district, by the president
  1 29 of the board of directors.
  1 30    Sec. 5.  Section 346.27, subsection 5, Code 1995, is
  1 31 amended to read as follows:
  1 32    5.  The authority shall be directed and governed by a board
  1 33 of commissioners of three members, one to be elected by the
  1 34 board of supervisors of the county from the area outside of
  1 35 the county seat, one to be elected by the council of the city
  2  1 from the area inside the city governing body of each
  2  2 incorporating unit, and one to be elected by the joint action
  2  3 of the board of supervisors of the county and the council of
  2  4 the city governing bodies of the two incorporating units, and
  2  5 if the governing bodies are unable to agree upon a choice for
  2  6 the third member within sixty days of the election of the
  2  7 first member, then the third member shall be appointed by the
  2  8 governor.  The commissioners shall serve for six-year terms.
  2  9 Of the first appointees, the member appointed by the board of
  2 10 supervisors governing body of the incorporating unit having
  2 11 the largest population shall be for a term of two years, the
  2 12 member appointed by the city council governing body of the
  2 13 other incorporating unit shall be for a term of four years,
  2 14 and the member appointed by the joint action of the board and
  2 15 council governing bodies of both incorporating units or the
  2 16 governor shall be for a term of six years.  The board of
  2 17 commissioners shall designate one of their number commissioner
  2 18 as chairperson, one as secretary, and one as treasurer, and
  2 19 shall adopt bylaws and rules of procedure and provide therein
  2 20 for regular meetings and for the proper safekeeping of its the
  2 21 board's records.  No A commissioner shall not receive any
  2 22 compensation in connection with services as commissioner.
  2 23 Each commissioner, however, shall be is entitled to
  2 24 reimbursement for any necessary expenditures in connection
  2 25 with the performance of the commissioner's duties.
  2 26    Sec. 6.  Section 346.27, subsection 9, paragraphs a, b, c,
  2 27 and d, Code 1995, are amended to read as follows:
  2 28    a.  To select, locate, and designate an area lying wholly
  2 29 within the territorial limits of the county seat of the county
  2 30 in which the authority is incorporated either incorporating
  2 31 unit as the site to be acquired for the construction,
  2 32 alteration, enlargement, or improvement of a building one or
  2 33 more buildings.  The site selected is subject to approval by a
  2 34 majority of the members of each governing body of the
  2 35 incorporating units.
  3  1    b.  To acquire in the corporate name of the authority the
  3  2 fee simple title to the real property located within the a
  3  3 designated area by purchase, gift, devise, or by the exercise
  3  4 of the power of eminent domain, or to take possession of real
  3  5 estate by lease.
  3  6    c.  To demolish, repair, alter, or improve any building
  3  7 within the designated area, to construct a one or more new
  3  8 building buildings within the area and to furnish, equip,
  3  9 maintain, and operate the building buildings.
  3 10    d.  To construct, repair, and install streets, sidewalks,
  3 11 sewers, water pipes, and other similar facilities and
  3 12 otherwise improve the a selected site.
  3 13    Sec. 7.  Section 346.27, subsections 10, 11, and 12, Code
  3 14 1995, are amended to read as follows:
  3 15    10.  After the incorporation of an authority, and before
  3 16 the sale of any issue of revenue bonds, except refunding
  3 17 bonds, the authority shall submit in a single countywide
  3 18 election to the qualified voters of the city and county both
  3 19 incorporating units, at a general, primary, or special
  3 20 election called for that purpose, the question of whether an
  3 21 the authority shall issue and sell revenue bonds, stating the
  3 22 amount, for any of the purposes for which it the authority is
  3 23 incorporated.  An affirmative vote of a majority of the votes
  3 24 cast on the proposition is required to authorize the issuance
  3 25 and sale of revenue bonds.  A notice of the election shall be
  3 26 published once each week for at least two weeks in some a
  3 27 newspaper published generally circulated in the county
  3 28 incorporating units.  The notice shall name the time when the
  3 29 question shall be submitted, and a copy of the question to be
  3 30 submitted shall be posted at each polling place during the day
  3 31 of election.  The authority shall call this the election with
  3 32 the concurrence of both incorporating units, and it the
  3 33 authority shall establish the voting precincts and polling
  3 34 places, and appoint the election judges, and in so doing such.
  3 35 The election procedures shall be in accordance with the
  4  1 provisions of chapters 49 and 50.
  4  2    11.  When the board of commissioners decides to issue bonds
  4  3 subject to the election requirement, it the board shall adopt
  4  4 a resolution describing the area areas to be acquired, the
  4  5 nature of the existing improvements, the disposition to be
  4  6 made of the improvements, and a general description of any new
  4  7 buildings to be constructed.
  4  8    12.  The resolution shall set out the limit of the cost of
  4  9 the project, including the cost of acquiring and preparing the
  4 10 site one or more sites, determine the period of usefulness and
  4 11 fix the amount of revenue bonds to be issued, the date or
  4 12 dates of maturity, the dates on which interest is payable, the
  4 13 sinking fund provisions, and all other details in connection
  4 14 with the bonds.  The board shall determine and fix the rate of
  4 15 interest of any revenue bonds issued, in a resolution adopted
  4 16 by the board prior to the issuance.  The resolution, trust
  4 17 agreement, or other contract entered into with the bondholders
  4 18 may contain covenants and restrictions concerning the issuance
  4 19 of additional revenue bonds as necessary or advisable for the
  4 20 assurance of the payment of the bonds authorized.
  4 21    Sec. 8.  Section 346.27, subsection 22, Code 1995, is
  4 22 amended to read as follows:
  4 23    22.  When an incorporating unit enters into a lease with
  4 24 the authority, the governing body of the incorporating unit
  4 25 shall provide by ordinance or resolution for the levy and
  4 26 collection of a direct annual tax sufficient to pay the annual
  4 27 rent payable under the lease as and when it becomes due and
  4 28 payable.  The tax shall be levied and collected in like manner
  4 29 with the other taxes of the incorporating unit and shall be in
  4 30 addition to all other taxes authorized to be levied by that
  4 31 incorporating unit.  This tax shall not be included within and
  4 32 shall be in addition to any statutory limitation of rate or
  4 33 amount for that incorporating unit.  The fund realized from
  4 34 the tax levy shall be set aside for the payment of the annual
  4 35 rent and shall not be disbursed for any other purpose until
  5  1 the annual rental has been paid in full.  An incorporating
  5  2 unit which has entered into a lease with the authority may
  5  3 enter into a sublease or use agreement with the other
  5  4 incorporating unit to provide for the joint use of all or part
  5  5 of the building.
  5  6    Sec. 9.  Section 346.27, subsection 25, Code 1995, is
  5  7 amended to read as follows:
  5  8    25.  When all bonds issued by an authority have been
  5  9 retired, the authority may convey the title to the property
  5 10 owned by the authority to the incorporating units in
  5 11 accordance with the provisions therefor contained in the
  5 12 articles of incorporation, or, if none, in accordance with any
  5 13 agreement adopted by the respective governing bodies of the
  5 14 incorporating units, and the authority.  The proposition of
  5 15 whether a conveyance shall be made shall be submitted to the
  5 16 legal voters of the city and county both incorporating units,
  5 17 utilizing the election procedures provided for bond issues,
  5 18 and an affirmative vote equal to at least a majority of the
  5 19 total votes cast on the proposition shall be required to
  5 20 authorize the conveyance.  If the proposition does not carry,
  5 21 the authority shall continue to operate, maintain, and manage
  5 22 the building under a lease arrangement with the incorporating
  5 23 units.
  5 24    Sec. 10.  Section 384.12, subsection 15, Code 1995, is
  5 25 amended to read as follows:
  5 26    15.  If a city has joined with the county or a school
  5 27 district to form an authority for a joint county-city county-
  5 28 city-school district building, as provided in section 346.27,
  5 29 and has entered into a lease with the authority, a tax
  5 30 sufficient to pay the annual rent payable under the lease.  
  5 31                           EXPLANATION
  5 32    This bill amends several subsections of section 346.27 to
  5 33 authorize a school district to join with a county or city with
  5 34 overlapping jurisdictions to create a joint building authority
  5 35 for the purpose of creating a joint authority to acquire,
  6  1 construct, operate, and finance one or more buildings which
  6  2 will be used jointly by the school district and a county or
  6  3 city.  The bill also authorizes a tax levy for school
  6  4 districts to make lease payments for buildings which the
  6  5 district may lease from the joint authority.
  6  6    Currently, section 346.27 allows a county and a city to
  6  7 create a joint building authority to acquire, construct, and
  6  8 finance one or more buildings for joint use.  
  6  9 LSB 2617SV 76
  6 10 tj/jj/8.1
     

Text: SF00484                           Text: SF00486
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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