Text: SF00392 Text: SF00394 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 393 1 2 1 3 AN ACT 1 4 PROVIDING FOR THE JOINT CONSTRUCTION OR ACQUISITION, FURNISHING, 1 5 OPERATION, AND MAINTENANCE OF PUBLIC BUILDINGS BY COUNTIES, 1 6 CITIES, FIRE DISTRICTS, AND SCHOOL DISTRICTS AND PROVIDING 1 7 FOR JOINT ISSUANCE OF SCHOOL DISTRICT OR FIRE DISTRICT BONDS. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. NEW SECTION. 28E.41 JOINT COUNTY, CITY, FIRE 1 12 DISTRICT, SCHOOL DISTRICT BUILDINGS. 1 13 1. A county, city, fire district, or school district, 1 14 which has areas within its boundaries which overlap areas 1 15 within the boundaries of another county, city, fire district, 1 16 or school district, or whose boundaries are contiguous with 1 17 another county, city, fire district, or school district, may 1 18 execute an agreement pursuant to this section for the joint 1 19 construction or acquisition, furnishing, operation, and 1 20 maintenance of a public building or buildings for their common 1 21 use. Noncontiguous cities located within the same county, or 1 22 cities located in contiguous counties, may also execute an 1 23 agreement for the joint construction or acquisition, 1 24 furnishing, operation, and maintenance of a joint public 1 25 building or buildings for their common use. Such an agreement 1 26 regarding a joint public building may allow for, but is not 1 27 limited to, any of the following: 1 28 a. Acquisition of a construction site and construction of 1 29 a public building for common use. 1 30 b. Purchase of an existing building for joint public use, 1 31 or conversion of a building previously owned and maintained by 1 32 a county, city, fire district, or school district for joint 1 33 public use. 1 34 c. Equipping or furnishing a new or existing building for 1 35 joint public use. 2 1 d. Operation, maintenance, or improvement of a joint 2 2 public building. 2 3 e. Any other aspect of joint public building construction, 2 4 acquisition, furnishing, operation, or maintenance mutually 2 5 agreed upon by the county, city, fire district, or school 2 6 district and not otherwise prohibited by law. 2 7 2. An agreement pursuant to subsection 1 shall be approved 2 8 by resolution of the governing bodies of each of the 2 9 participating counties, cities, fire districts, or school 2 10 districts and shall specify the purposes for which the joint 2 11 public building shall be used, the estimated cost thereof, the 2 12 estimated amount of the cost to be allocated to each of the 2 13 participating counties, cities, fire districts, or school 2 14 districts, the proportion and method of allocating the 2 15 expenses of the operation and maintenance of the building or 2 16 improvement, and the disposition to be made of any revenues to 2 17 be derived therefrom, in addition to the provisions of 2 18 sections 28E.5 and 28E.6, and any other applicable provision 2 19 of this chapter. 2 20 3. a. A county, city, fire district, or school district 2 21 may expend funds or issue general obligation bonds for the 2 22 payment of its share of the cost of constructing, acquiring, 2 23 furnishing, operating, or maintaining a joint public building 2 24 pursuant to subsection 1. Section 28E.16 shall apply 2 25 regarding a single election to be authorized by the board of 2 26 supervisors, city council, governing body of a fire district, 2 27 and board of directors of a school district, in the event that 2 28 a single bond issue throughout the overlapping or contiguous 2 29 areas, or noncontiguous cities located in the same county or 2 30 cities located in contiguous counties, is contemplated. If 2 31 separate bond issues are authorized by the governing body of a 2 32 county, city, fire district, or school district for its 2 33 respective share of the cost of the joint public building, the 2 34 applicable bonding provisions of chapters 74, 75, 296, 298, 2 35 331, 357B, 359, and 384 shall apply. With regard to any 3 1 issuance of bonds pursuant to this section, a proposition to 3 2 authorize an issuance of bonds by a county, city, fire 3 3 district, or school district shall be deemed carried or 3 4 adopted if the vote in favor of the proposition is equal to at 3 5 least sixty percent of the vote cast for and against the 3 6 proposition in each participating county, city, fire district, 3 7 or school district. 3 8 b. Bonds shall not be issued by a county, city, fire 3 9 district, or school district until provision has been made by 3 10 each of the other participating counties, cities, fire 3 11 districts, or school districts to the agreement for the 3 12 payment of their shares of the cost of the joint public 3 13 building. In the event that the cost of the construction or 3 14 acquisition, furnishing, operation, and maintenance of the 3 15 joint public building exceeds that which was originally 3 16 estimated and agreed to, the governing body of a county, city, 3 17 fire district, or school district shall have the authority, 3 18 jointly or individually, as appropriate, to expend additional 3 19 moneys or issue additional bonds to pay their respective 3 20 portions of the increased costs. 3 21 c. The governing body of a county, city, fire district, or 3 22 school district is authorized to enter into an agreement under 3 23 this section to construct, acquire, furnish, operate, or 3 24 maintain the public building which is the subject of the 3 25 agreement for its own purposes to the same extent and in the 3 26 same manner as if the public building were wholly owned by and 3 27 devoted to the uses of the county, city, fire district, or 3 28 school district. 3 29 d. The authority granted to a county, city, fire district, 3 30 or school district pursuant to this section shall be in 3 31 addition to, and not in derogation of, any other powers 3 32 conferred by law upon a county, city, fire district, or school 3 33 district to make agreements, appropriate and expend moneys, 3 34 and to issue bonds for the same or similar purposes. 3 35 4. For purposes of this section, "fire district" means any 4 1 governmental entity which provides fire protection services. 4 2 Sec. 2. NEW SECTION. 28E.42 JOINT ISSUANCE OF SCHOOL 4 3 DISTRICT OR FIRE DISTRICT BONDS. 4 4 It is the intent of the general assembly to encourage 4 5 school districts or fire districts to jointly issue general 4 6 obligation bonds to fund separate projects proposed in each 4 7 district and, by pooling their debt obligations, to realize a 4 8 savings for taxpayers in each of the participating districts. 4 9 1. Two or more school districts may enter an agreement 4 10 pursuant to this chapter for the purpose of financing projects 4 11 for which debt obligations may be or have been incurred 4 12 pursuant to chapter 296 or 298. For purposes of this section, 4 13 "school district" means a public school district described in 4 14 chapter 274. 4 15 2. Two or more fire districts may enter an agreement 4 16 pursuant to this chapter for the purpose of financing projects 4 17 for which debt obligations may be or have been incurred 4 18 pursuant to chapter 74, 75, 331, 357B, 359, or 384. For 4 19 purposes of this section, "fire district" means any 4 20 governmental entity which provides fire protection services. 4 21 4 22 4 23 4 24 MARY E. KRAMER 4 25 President of the Senate 4 26 4 27 4 28 4 29 BRENT SIEGRIST 4 30 Speaker of the House 4 31 4 32 I hereby certify that this bill originated in the Senate and 4 33 is known as Senate File 393, Seventy-eighth General Assembly. 4 34 4 35 5 1 5 2 MICHAEL E. MARSHALL 5 3 Secretary of the Senate 5 4 Approved , 1999 5 5 5 6 5 7 5 8 THOMAS J. VILSACK 5 9 Governor
Text: SF00392 Text: SF00394 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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