Text: SSB00350 Text: SSB00352 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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,andcity, 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.AnyA countymay 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 to incorporate an "Authority" 1 18 for the purpose of acquiring, constructing, demolishing, 1 19 improving, enlarging, equipping, furnishing, repairing, 1 20 maintaining, and operating a public building, and to acquire 1 21 and prepare the necessary site, including demolition of any 1 22 structures, for the joint use ofthe county and city or any1 23school district which is within or is a part of the county or1 24cityall or a part of the building by the incorporating units. 1 25 Sec. 4. Section 346.27, subsection 3, Code 1995, is 1 26 amended by adding the following new paragraph: 1 27 NEW PARAGRAPH. c. For a school district, by the president 1 28 of the board of directors. 1 29 Sec. 5. Section 346.27, subsection 5, Code 1995, is 1 30 amended to read as follows: 1 31 5. The authority shall be directed and governed by a board 1 32 of commissioners of three members, one to be elected by the 1 33board of supervisors of the county from the area outside of1 34the county seat, one to be elected by the council of the city1 35from the area inside the citygoverning body of each 2 1 incorporating unit, and one to be elected by the joint action 2 2 of theboard of supervisors of the county and the council of2 3the citygoverning bodies of the two incorporating units, and 2 4 if the governing bodies are unable to agree upon a choice for 2 5 the third member within sixty days of the election of the 2 6 first member, then the third member shall be appointed by the 2 7 governor. The commissioners shall serve for six-year terms. 2 8 Of the first appointees, the member appointed by theboard of2 9supervisorsgoverning body of the incorporating unit having 2 10 the largest population shall be for a term of two years, the 2 11 member appointed by thecity councilgoverning body of the 2 12 other incorporating unit shall be for a term of four years, 2 13 and the member appointed by the joint action of theboard and2 14councilgoverning bodies of both incorporating units or the 2 15 governor shall be for a term of six years. The board of 2 16 commissioners shall designate oneof their numbercommissioner 2 17 as chairperson, one as secretary, and one as treasurer, and 2 18 shall adopt bylaws and rules of procedure and providetherein2 19 for regular meetings and for the proper safekeeping ofitsthe 2 20 board's records.NoA commissioner shall not receive any 2 21 compensation in connection with services as commissioner. 2 22 Each commissioner, however,shall beis entitled to 2 23 reimbursement for any necessary expenditures in connection 2 24 with the performance of the commissioner's duties. 2 25 Sec. 6. Section 346.27, subsection 9, paragraphs a, b, c, 2 26 and d, Code 1995, are amended to read as follows: 2 27 a. To select, locate, and designate an area lying wholly 2 28 within the territorial limits ofthe county seat of the county2 29in which the authority is incorporatedeither incorporating 2 30 unit as the site to be acquired for the construction, 2 31 alteration, enlargement, or improvement ofa buildingone or 2 32 more buildings. The site selected is subject to approval by a 2 33 majority of the members of each governing body of the 2 34 incorporating units. 2 35 b. To acquire in the corporate name of the authority the 3 1 fee simple title to the real property located withinthea 3 2 designated area by purchase, gift, devise, or by the exercise 3 3 of the power of eminent domain, or to take possession of real 3 4 estate by lease. 3 5 c. To demolish, repair, alter, or improve any building 3 6 within the designated area, to constructaone or more new 3 7buildingbuildings within the area and to furnish, equip, 3 8 maintain, and operate thebuildingbuildings. 3 9 d. To construct, repair, and install streets, sidewalks, 3 10 sewers, water pipes, and other similar facilities and 3 11 otherwise improvethea selected site. 3 12 Sec. 7. Section 346.27, subsections 10, 11, and 12, Code 3 13 1995, are amended to read as follows: 3 14 10. After the incorporation of an authority, and before 3 15 the sale of any issue of revenue bonds, except refunding 3 16 bonds, the authority shall submit in a singlecountywide3 17 election to the qualified voters ofthe city and countyboth 3 18 incorporating units, at a general, primary, or special 3 19 election called for that purpose, the question of whetheran3 20 the authority shall issue and sell revenue bonds, stating the 3 21 amount, for any of the purposes for whichitthe authority is 3 22 incorporated. An affirmative vote of a majority of the votes 3 23 cast on the proposition is required to authorize the issuance 3 24 and sale of revenue bonds. A notice of the election shall be 3 25 published once each week for at least two weeks insomea 3 26 newspaperpublishedgenerally circulated in thecounty3 27 incorporating units. The notice shall name the time when the 3 28 question shall be submitted, and a copy of the question to be 3 29 submitted shall be posted at each polling place during the day 3 30 of election. The authority shall callthisthe election with 3 31 the concurrence of both incorporating units, anditthe 3 32 authority shall establish the voting precincts and polling 3 33 places, and appoint the election judges, and in so doing such. 3 34 The election procedures shall be in accordance withthe3 35provisions ofchapters 49 and 50. 4 1 11. When the board of commissioners decides to issue bonds 4 2 subject to the election requirement,itthe board shall adopt 4 3 a resolution describing theareaareas to be acquired, the 4 4 nature of the existing improvements, the disposition to be 4 5 made of the improvements, and a general description of any new 4 6 buildings to be constructed. 4 7 12. The resolution shall set out the limit of the cost of 4 8 the project, including the cost of acquiring and preparingthe4 9siteone or more sites, determine the period of usefulness and 4 10 fix the amount of revenue bonds to be issued, the date or 4 11 dates of maturity, the dates on which interest is payable, the 4 12 sinking fund provisions, and all other details in connection 4 13 with the bonds. The board shall determine and fix the rate of 4 14 interest of any revenue bonds issued, in a resolution adopted 4 15 by the board prior to the issuance. The resolution, trust 4 16 agreement, or other contract entered into with the bondholders 4 17 may contain covenants and restrictions concerning the issuance 4 18 of additional revenue bonds as necessary or advisable for the 4 19 assurance of the payment of the bonds authorized. 4 20 Sec. 8. Section 346.27, subsection 22, Code 1995, is 4 21 amended to read as follows: 4 22 22. When an incorporating unit enters into a lease with 4 23 the authority, the governing body of the incorporating unit 4 24 shall provide by ordinance or resolution for the levy and 4 25 collection of a direct annual tax sufficient to pay the annual 4 26 rent payable under the lease as and when it becomes due and 4 27 payable. The tax shall be levied and collected in like manner 4 28 with the other taxes of the incorporating unit and shall be in 4 29 addition to all other taxes authorized to be levied by that 4 30 incorporating unit. This tax shall not be included within and 4 31 shall be in addition to any statutory limitation of rate or 4 32 amount for that incorporating unit. The fund realized from 4 33 the tax levy shall be set aside for the payment of the annual 4 34 rent and shall not be disbursed for any other purpose until 4 35 the annual rental has been paid in full. An incorporating 5 1 unit which has entered into a lease with the authority may 5 2 enter into a sublease or use agreement with the other 5 3 incorporating unit to provide for the joint use of all or part 5 4 of the building. 5 5 Sec. 9. Section 346.27, subsection 25, Code 1995, is 5 6 amended to read as follows: 5 7 25. When all bonds issued by an authority have been 5 8 retired, the authority may convey the title to the property 5 9 owned by the authority to the incorporating units in 5 10 accordance with the provisions therefor contained in the 5 11 articles of incorporation, or, if none, in accordance with any 5 12 agreement adopted by the respective governing bodies of the 5 13 incorporating units, and the authority. The proposition of 5 14 whether a conveyance shall be made shall be submitted to the 5 15 legal voters ofthe city and countyboth incorporating units, 5 16 utilizing the election procedures provided for bond issues, 5 17 and an affirmative vote equal to at least a majority of the 5 18 total votes cast on the proposition shall be required to 5 19 authorize the conveyance. If the proposition does not carry, 5 20 the authority shall continue to operate, maintain, and manage 5 21 the building under a lease arrangement with the incorporating 5 22 units. 5 23 Sec. 10. Section 384.12, subsection 15, Code 1995, is 5 24 amended to read as follows: 5 25 15. If a city has joined with the county or a school 5 26 district to form an authority for a jointcounty-citycounty- 5 27 city-school district building, as provided in section 346.27, 5 28 and has entered into a lease with the authority, a tax 5 29 sufficient to pay the annual rent payable under the lease. 5 30 EXPLANATION 5 31 This bill amends several subsections of section 346.27 to 5 32 authorize a school district to join with a county or city with 5 33 overlapping jurisdictions to create a joint building authority 5 34 for the purpose of creating a joint authority to acquire, 5 35 construct, operate, and finance one or more buildings which 6 1 will be used jointly by the school district and a county or 6 2 city. The bill also authorizes a tax levy for school 6 3 districts to make lease payments for buildings which the 6 4 district may lease from the joint authority. 6 5 Currently, section 346.27 allows a county and a city to 6 6 create a joint building authority to acquire, construct, and 6 7 finance one or more buildings for joint use. 6 8 LSB 2617SC 76 6 9 tj/jj/8
Text: SSB00350 Text: SSB00352 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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