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Senate File 2130

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 174.1, Code Supplement 1997, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  0A.  "Bond issuer" means a county fair
  1  4 society.
  1  5    Sec. 2.  NEW SECTION.  174.28  ISSUANCE OF REVENUE BONDS –
  1  6 STANDBY TAX LEVY – PROCEDURES.
  1  7    1.  The governing body of a bond issuer may issue bonds
  1  8 payable from revenue generated by the operations of the county
  1  9 fair and the use or rental of the real and personal property
  1 10 owned or leased by the bond issuer.  The governing body of a
  1 11 bond issuer shall comply with all of the procedures as
  1 12 follows:
  1 13    a.  A bond issuer may institute proceedings for the
  1 14 issuance of bonds by causing a notice of the proposal to issue
  1 15 the bonds, including a statement of the amount and purpose of
  1 16 the bonds, together with the maximum rate of interest which
  1 17 the bonds are to bear, and the right to petition for an
  1 18 election, to be published at least once in a newspaper of
  1 19 general circulation within the county at least ten days prior
  1 20 to the meeting at which the bond issuer proposes to take
  1 21 action for the issuance of the bonds.
  1 22    b.  If at any time before the date fixed for taking action
  1 23 for the issuance of the bonds, a petition signed by three
  1 24 percent of the registered voters of the county is filed with
  1 25 the board of supervisors, asking that the question of issuing
  1 26 the bonds be submitted to the registered voters, the board of
  1 27 supervisors shall either by resolution declare the proposal to
  1 28 issue the bonds to have been abandoned or shall direct the
  1 29 county commissioner of elections to call a special election
  1 30 upon the question of issuing the bonds.  The proposition of
  1 31 issuing bonds under this subsection is not approved unless the
  1 32 vote in favor of the proposition is equal to at least sixty
  1 33 percent of the vote cast.  If a petition is not filed, or if a
  1 34 petition is filed and the proposition of issuing the bonds is
  1 35 approved at an election, the board of supervisors acting on
  2  1 behalf of the bond issuer may proceed with the authorization
  2  2 and issuance of the bonds.  Bonds may be issued for the
  2  3 purpose of refunding outstanding and previously issued bonds
  2  4 under this subsection without otherwise complying with the
  2  5 provisions of this subsection.
  2  6    c.  All bonds issued under this subsection shall be payable
  2  7 solely from and shall be secured by an irrevocable pledge of a
  2  8 sufficient portion of the net rents, profits, and income
  2  9 derived from the operation of the county fair and the use or
  2 10 rental of the real and personal property owned or leased by
  2 11 the bond issuer.  Bonds issued pursuant to this section shall
  2 12 not constitute an indebtedness within the meaning of any
  2 13 constitutional or statutory debt limitation or restriction,
  2 14 and shall not be subject to the provisions of any other law or
  2 15 charter relating to the authorization, issuance, or sale of
  2 16 bonds.  Bonds issued under this subsection shall not limit or
  2 17 restrict the authority of the bond issuer as otherwise
  2 18 provided by law.
  2 19    2.  To further secure the payment of the bonds, the board
  2 20 of supervisors shall, by resolution, provide for the
  2 21 assessment of an annual levy of a standby tax upon all taxable
  2 22 property within the county.  A copy of the resolution shall be
  2 23 sent to the county auditor.  The revenues from the standby tax
  2 24 shall be deposited in a special fund and shall be expended
  2 25 only for the payment of principal of and interest on the bonds
  2 26 issued as provided in this section, when the receipt of
  2 27 revenues pursuant to subsection 1 is insufficient.  If
  2 28 payments are necessary and made from the special fund, the
  2 29 amount of the payments shall be promptly repaid into the
  2 30 special fund from the first available payments received which
  2 31 are not required for the payment of principal of or interest
  2 32 on bonds due.  Reserves shall not be built up in the special
  2 33 fund in anticipation of a projected default.  The board of
  2 34 supervisors shall adjust the annual standby tax levy for each
  2 35 year to reflect the amount of revenues in the special fund and
  3  1 the amount of principal and interest which is due in that
  3  2 year.  
  3  3                           EXPLANATION
  3  4    This bill provides that a county fair society may issue
  3  5 bonds which are payable from revenue generated by the
  3  6 operations of the county fair and the use and rental of the
  3  7 real and personal property owned or leased by the county fair
  3  8 society.  After 10-days' notice of the proposal to issue bonds
  3  9 including the amount of the bond issue, purpose, maximum rate
  3 10 of interest, and the right to petition for an election, the
  3 11 county fair society may take action to issue the bonds.  If a
  3 12 petition signed by 3 percent of the registered voters of the
  3 13 county requesting an election is filed before the date fixed
  3 14 for taking action on issuance of the bond, a special election
  3 15 shall be called and the bond issue is not approved unless the
  3 16 vote in favor of the proposal is equal to at least 60 percent
  3 17 of the vote cast.
  3 18    To further secure the payment of any bonds issued, the
  3 19 board of supervisors shall provide for the assessment of an
  3 20 annual levy of a standby tax upon all taxable property within
  3 21 the county.  The revenues from the standby tax shall be
  3 22 deposited in a special fund and shall be expended only for the
  3 23 payment of the principal and interest on the bonds when the
  3 24 receipts of pledged revenues are insufficient to pay the
  3 25 principal and interest on the bonds due.  
  3 26 LSB 3616SS 77
  3 27 tj/cf/24.1
     

Text: SF02129                           Text: SF02131
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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