Text: SF00392 Text: SF00394 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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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
© 1999 Cornell College and League of Women Voters of Iowa
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