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PAG LIN 1 1 Section 1. Section 394.1, Code 1997, is amended to read as 1 2 follows: 1 3 394.1 AUTHORITY TO ISSUE BONDS – TAXES. 1 4 Cities and counties are hereby authorized to contract 1 5 indebtedness and to issue general obligation bonds to provide 1 6 funds to pay the cost of opening, establishing, constructing, 1 7 improving, extending, or remodeling of a zoo or zoological 1 8 garden and to construct, reconstruct, or repair any such 1 9 improvement and to pay the cost of land needed for any ofsaid1 10 those purposes. 1 11 Taxes for the payment ofsaidsuch bonds shall be levied in 1 12 accordance with chapter 76, and said. The bonds shall be 1 13 payable through the debt service fund in not more than twenty 1 14 years,andshall bear interest at a rate not exceeding that 1 15 permitted by chapter 74A, and shall be of such form as the 1 16 city council or the county board of supervisors shall by 1 17 resolution provide, but no city or county shall become 1 18 indebted in excess of five percent of the actual value of the 1 19 taxable property withinsaidthe city or county, as shown by 1 20 the last preceding state and county tax lists. The 1 21 indebtedness incurred for the purpose provided in this section 1 22 shall not be considered an indebtedness incurred for general 1 23 or ordinary purposes. 1 24 This section shall be construed as granting additional 1 25 power without limiting the power already existing in cities 1 26 and counties. 1 27 The provisions of this section shall be applicable to all 1 28 counties and municipal corporations regardless of form of 1 29 government or manner of incorporation. 1 30 Sec. 2. Section 394.2, Code 1997, is amended to read as 1 31 follows: 1 32 394.2 QUESTION SUBMITTED TO VOTERS. 1 33 It shall not be necessary to submit to the voters the 1 34 proposition of issuing bonds for refunding purposes, but prior 1 35 to the issuance of bonds for other purposes the city council 2 1 or the county board of supervisors shall submit to the voters 2 2 of the city or the county at a general election or a regular 2 3 municipal election the proposition of issuing the bonds. 2 4 Notice of the election on the proposition of issuing bonds 2 5 shall be published as required by section 49.53. The notice 2 6 shall also state whether or not an admission fee is to be 2 7 charged by the zoo or zoological gardens. 2 8 Bonds issued pursuant to the provisions of this chapter 2 9 shall be sold by the city council or the county board of 2 10 supervisors in the manner prescribed by chapter 75; however, 2 11 refunding bonds may either be sold and the proceeds applied to 2 12 the payment of the bonds to be refunded, or the refunding 2 13 bonds may be issued in exchange for the bonds being refunded 2 14 upon their surrender and cancellation. 2 15 Sec. 3. Section 394.3, Code 1997, is amended to read as 2 16 follows: 2 17 394.3 TAX FOR OPERATING ZOO. 2 18 A city or county establishing or having established a zoo 2 19 or zoological garden may authorize not to exceed a levy of 2 20 twenty-seven cents per thousand dollars of assessed valuation 2 21 on all taxable property within the corporation or the county 2 22 for the purpose of paying the costs of operating, maintaining, 2 23 and managing a zoo or zoological garden. The levy shall be 2 24 subject to cumulative levy limitations otherwise provided by 2 25 law unlesssaidthe levy shall have been submitted to and 2 26 approved by the voters ofsaidthe city or county. 2 27 Sec. 4. Section 394.4, Code 1997, is amended to read as 2 28 follows: 2 29 394.4 CONTRACTS WITH OTHER CITIES AND COUNTIES – 2 30 ELECTION. 2 31 Contracts may be made between any city or county 2 32 establishing or having established a zoo or zoological garden 2 33 and any other city or county, but a county may contract only2 34with respect to residents outside of any city, for the use of2 35such zoo or zoological garden or any extension service thereof3 1by its residents, and for the levy of a tax in support3 2thereof. Such contracts shall provide for the rate of tax to 3 3 be levied during the term thereof, not exceeding twenty-seven 3 4 cents per thousand dollars of assessed valuation.Said3 5contractsSuch a contract may be submitted to the voters of 3 6eithera city or county which is a party to the contract and 3 7 shall not be subject to termination if approved by the voters 3 8 ofboth partiesmore than one party. 3 9 If not so approved, such contracts may be modified by 3 10 mutual consent or may be terminated by the voters ofeither3 11 any party thereto. 3 12 Any such tax shall be subject to cumulative levy 3 13 limitations applicable generally to the contracting parties 3 14 unless the contract shall have been approved by the voters. 3 15 Any election held hereunder may be held upon notice and in 3 16 any manner provided by law applicable to the contracting party 3 17 with respect to elections upon special public propositions; 3 18 provided that it shall not be necessary to set out the 3 19 contract provisions in full as a part of the ballot. 3 20 EXPLANATION 3 21 This bill amends all of the sections in Code chapter 394. 3 22 Under the current law, only a city has the ability to finance 3 23 and contract for the establishment and operation of a zoo or 3 24 zoological garden. 3 25 The bill adds counties as another political body authorized 3 26 to contract or finance for the establishment and operation of 3 27 a zoo. The bill provides that a county may contract or issue 3 28 bonds for the opening, establishing, constructing, improving, 3 29 extending, or remodeling of a zoo. 3 30 The bill provides that, prior to the issuance of bonds, the 3 31 county board of supervisors shall submit the bond issue 3 32 proposition to voters. The sale of bonds by the county board 3 33 of supervisors shall be in the manner prescribed by Code 3 34 chapter 75. 3 35 The bill provides that a county establishing a zoo may 4 1 authorize property taxes to pay the costs of operating, 4 2 maintaining, and managing the zoo. 4 3 The bill provides that a county establishing or having 4 4 established a zoo has the ability to contract with other 4 5 cities or counties for the use of the zoo. 4 6 TLSB 1596YH 77 4 7 tm/jj/8
Text: HF00068 Text: HF00070 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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