Text: SF02303 Text: SF02305 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 28E.41 JOINT COUNTY, CITY,
1 2 SCHOOL DISTRICT BUILDINGS.
1 3 1. Two or more counties, cities, or school districts, each
1 4 of which has areas within their boundaries which overlap areas
1 5 within the boundaries of the others, may execute an agreement
1 6 pursuant to this section for the joint construction or
1 7 acquisition, furnishing, operation, and maintenance of a
1 8 public building or buildings for their common use within their
1 9 overlapping areas. An agreement regarding a joint county,
1 10 city, or school district public building may include, but is
1 11 not limited to, any of the following:
1 12 a. Acquisition of a construction site and construction of
1 13 a public building for common use.
1 14 b. Purchase of an existing building for joint public use,
1 15 or conversion of a building previously owned and maintained by
1 16 a county, city, or school district for joint public use.
1 17 c. Equipping or furnishing a new or existing building for
1 18 joint public use.
1 19 d. Operation, maintenance, or improvement of a joint
1 20 public building.
1 21 e. Any other aspect of joint public building acquisition
1 22 or maintenance mutually agreed upon and authorized by law in
1 23 the county, city, or school district.
1 24 2. An agreement pursuant to subsection 1 shall be approved
1 25 by resolution of the governing bodies of each of the
1 26 participating counties, cities, or school districts and shall
1 27 specify the purposes for which the building or improvement
1 28 shall be used, the estimated cost thereof, the estimated
1 29 amount of the cost to be allocated to each of the
1 30 participating counties, cities, or school districts, the
1 31 proportion and method of allocating the expenses of the
1 32 operation and maintenance of the building or improvement, and
1 33 the disposition to be made of any revenues to be derived
1 34 therefrom, in addition to the provisions of sections 28E.5 and
1 35 28E.6, and any other applicable provision of this chapter.
2 1 3. a. A county, city, or school district may appropriate
2 2 funds or issue general obligation bonds for the payment of its
2 3 share of the cost of constructing, acquiring, furnishing,
2 4 operating, or maintaining a joint public building pursuant to
2 5 subsection 1. Section 28E.16 shall apply regarding a single
2 6 election to be authorized by the board of supervisors, city
2 7 council, and board of directors of a school district, in the
2 8 event that a single bond issue throughout the overlapping
2 9 areas is contemplated. If separate bond issues are authorized
2 10 by a board of supervisors, city council, or board of directors
2 11 of a school district for their respective share of the cost of
2 12 the joint public building, the applicable bonding provisions
2 13 of chapters 74, 75, 298, 331, and 384 shall apply. With
2 14 regard to any issuance of bonds pursuant to this section,
2 15 however, a proposition to authorize an issuance of bonds by a
2 16 county, city, or school district shall be deemed carried or
2 17 adopted if a vote in favor of the authorization equal to at
2 18 least fifty-one percent of the total vote cast for and against
2 19 the proposition at the election is received.
2 20 b. Bonds may not be issued by a county, city, or school
2 21 district until provision has been made by each of the other
2 22 participating counties, cities, or school districts to the
2 23 agreement for the payment of their shares of the cost of the
2 24 joint public building. In the event that the cost of the
2 25 construction or acquisition, furnishing, operation, and
2 26 maintenance of the public building exceeds that which was
2 27 originally estimated and agreed to, the governing body of a
2 28 county, city, or school district shall have the authority,
2 29 jointly or individually, to appropriate additional moneys or
2 30 issue additional bonds to pay their respective portions of the
2 31 increased costs.
2 32 c. A county, city, or school district shall be authorized,
2 33 with the consent of the governing bodies of the other parties,
2 34 to an agreement under this section, to improve, add to, or
2 35 equip the building which is the subject of the agreement for
3 1 its own purposes to the same extent and in the same manner as
3 2 if the building were wholly owned by and devoted to the uses
3 3 of the county, city, or school district.
3 4 d. The authority granted to a county, city, or school
3 5 district pursuant to this section shall be in addition to, and
3 6 not in derogation of, any other powers conferred by law upon a
3 7 county, city, or school district to make agreements,
3 8 appropriate and expend moneys, and to issue bonds for the same
3 9 or similar purposes.
3 10 EXPLANATION
3 11 This bill provides for the joint construction or
3 12 acquisition, furnishing, operation, and maintenance of public
3 13 buildings by a county, city, and school district. The bill
3 14 provides that two or more counties, cities, or school
3 15 districts, each of which has areas within their boundaries
3 16 which overlap areas within the boundaries of the others, may
3 17 execute an agreement for the joint construction or
3 18 acquisition, furnishing, operation, and maintenance of a
3 19 public building or buildings for their common use within their
3 20 overlapping areas. The agreement shall be approved by
3 21 resolution of the governing bodies of each of the
3 22 participating counties, cities, or school districts and shall
3 23 specify the purposes for which the building or improvement
3 24 shall be used, the estimated cost thereof, the estimated
3 25 amount of the cost to be allocated to each of the
3 26 participating counties, cities, or school districts, the
3 27 proportion and method of allocating the expenses of the
3 28 operation and maintenance of the building or improvement, and
3 29 the disposition to be made of any revenues to be derived
3 30 therefrom.
3 31 The bill provides that a county, city, or school district
3 32 may appropriate funds or issue general obligation bonds for
3 33 the payment of its share of the cost of constructing,
3 34 acquiring, furnishing, operating, or maintaining a joint
3 35 public building, either on a joint or an individual basis, and
4 1 that bonds may not be issued by a county, city, or school
4 2 district until provision has been made by each of the other
4 3 participating counties, cities, or school districts to the
4 4 agreement for the payment of their shares of the cost of the
4 5 joint public building. A vote in favor of authorization of
4 6 bonds cast by at least fifty-one percent of the electors
4 7 voting on the question of a bond issue shall be necessary for
4 8 approval of the bond issue. In the event that the cost of the
4 9 construction or acquisition, furnishing, operation, and
4 10 maintenance of the public building exceeds original estimates,
4 11 the bill provides that a county, city, or school district
4 12 shall have the authority, jointly or individually, to
4 13 appropriate additional moneys or issue additional bonds to pay
4 14 their respective portions of the increased costs.
4 15 The bill additionally provides that a county, city, or
4 16 school district shall be authorized, with the consent of the
4 17 governing bodies of the other counties, cities, or school
4 18 districts which are parties to the agreement, to improve, add
4 19 to, or equip any such building for its own purposes to the
4 20 same extent and in the same manner as if the building were
4 21 wholly owned by and devoted to the uses of the county, city,
4 22 or school district.
4 23 LSB 3380XS 77
4 24 rn/jw/5.1
Text: SF02303 Text: SF02305 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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