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Senate File 2405

Partial Bill History

Bill Text

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
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Bills and Amendments: General Index     Bill History: General Index

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