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PAG LIN
1 1 SENATE FILE 2405
1 2
1 3 AN ACT
1 4 PROVIDING FOR THE JOINT CONSTRUCTION OR ACQUISITION, FURNISH-
1 5 ING, OPERATION, AND MAINTENANCE OF PUBLIC BUILDINGS BY A
1 6 COUNTY, CITY, AND SCHOOL DISTRICT.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. NEW SECTION. 28E.41 JOINT COUNTY, CITY,
1 11 SCHOOL DISTRICT BUILDINGS.
1 12 1. Two or more counties, cities, or school districts, each
1 13 of which has areas within their boundaries which overlap areas
1 14 within the boundaries of the others, or which are contiguous
1 15 with each other, may execute an agreement pursuant to this
1 16 section for the joint construction or acquisition, furnishing,
1 17 operation, and maintenance of a public building or buildings
1 18 for their common use within their overlapping or contiguous
1 19 areas. Noncontiguous cities located within the same county,
1 20 or contiguous counties, may also execute an agreement for the
1 21 joint construction or acquisition, furnishing, operation, and
1 22 maintenance of a regional public building or buildings for
1 23 their common use. An agreement regarding a joint county,
1 24 city, or school district public building may include, but is
1 25 not limited to, any of the following:
1 26 a. Acquisition of a construction site and construction of
1 27 a public building for common use.
1 28 b. Purchase of an existing building for joint public use,
1 29 or conversion of a building previously owned and maintained by
1 30 a county, city, or school district for joint public use.
1 31 c. Equipping or furnishing a new or existing building for
1 32 joint public use.
1 33 d. Operation, maintenance, or improvement of a joint
1 34 public building.
1 35 e. Any other aspect of joint public building acquisition
2 1 or maintenance mutually agreed upon and authorized by law in
2 2 the county, city, or school district.
2 3 2. An agreement pursuant to subsection 1 shall be approved
2 4 by resolution of the governing bodies of each of the
2 5 participating counties, cities, or school districts and shall
2 6 specify the purposes for which the building or improvement
2 7 shall be used, the estimated cost thereof, the estimated
2 8 amount of the cost to be allocated to each of the
2 9 participating counties, cities, or school districts, the
2 10 proportion and method of allocating the expenses of the
2 11 operation and maintenance of the building or improvement, and
2 12 the disposition to be made of any revenues to be derived
2 13 therefrom, in addition to the provisions of sections 28E.5 and
2 14 28E.6, and any other applicable provision of this chapter.
2 15 3. a. A county, city, or school district may appropriate
2 16 funds or issue general obligation bonds for the payment of its
2 17 share of the cost of constructing, acquiring, furnishing,
2 18 operating, or maintaining a joint public building pursuant to
2 19 subsection 1. Section 28E.16 shall apply regarding a single
2 20 election to be authorized by the board of supervisors, city
2 21 council, and board of directors of a school district, in the
2 22 event that a single bond issue throughout the overlapping or
2 23 contiguous areas, or noncontiguous cities contained within the
2 24 same county or contiguous counties, is contemplated. If
2 25 separate bond issues are authorized by a board of supervisors,
2 26 city council, or board of directors of a school district for
2 27 their respective share of the cost of the joint public
2 28 building, the applicable bonding provisions of chapters 74,
2 29 75, 298, 331, and 384 shall apply. With regard to any
2 30 issuance of bonds pursuant to this section, however, a
2 31 proposition to authorize an issuance of bonds by a county,
2 32 city, or school district shall be deemed carried or adopted if
2 33 a vote in favor of the authorization equal to at least sixty
2 34 percent of the vote cast for and against the proposition in
2 35 each participating authority is received.
3 1 b. Bonds may not be issued by a county, city, or school
3 2 district until provision has been made by each of the other
3 3 participating counties, cities, or school districts to the
3 4 agreement for the payment of their shares of the cost of the
3 5 joint public building. In the event that the cost of the
3 6 construction or acquisition, furnishing, operation, and
3 7 maintenance of the public building exceeds that which was
3 8 originally estimated and agreed to, the governing body of a
3 9 county, city, or school district shall have the authority,
3 10 jointly or individually, to appropriate additional moneys or
3 11 issue additional bonds to pay their respective portions of the
3 12 increased costs.
3 13 c. A county, city, or school district shall be authorized,
3 14 with the consent of the governing bodies of the other parties,
3 15 to an agreement under this section, to improve, add to, or
3 16 equip the building which is the subject of the agreement for
3 17 its own purposes to the same extent and in the same manner as
3 18 if the building were wholly owned by and devoted to the uses
3 19 of the county, city, or school district.
3 20 d. The authority granted to a county, city, or school
3 21 district pursuant to this section shall be in addition to, and
3 22 not in derogation of, any other powers conferred by law upon a
3 23 county, city, or school district to make agreements,
3 24 appropriate and expend moneys, and to issue bonds for the same
3 25 or similar purposes.
3 26
3 27
3 28
3 29 MARY E. KRAMER
3 30 President of the Senate
3 31
3 32
3 33
3 34 RON J. CORBETT
3 35 Speaker of the House
4 1
4 2 I hereby certify that this bill originated in the Senate and
4 3 is known as Senate File 2405, Seventy-seventh General Assembly.
4 4
4 5
4 6
4 7 MARY PAT GUNDERSON
4 8 Secretary of the Senate
4 9 Approved , 1998
4 10
4 11
4 12
4 13 TERRY E. BRANSTAD
4 14 Governor
Text: SF02404 Text: SF02406 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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