Text: H08469 Text: H08471 Text: H08400 - H08499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2298, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 29, line 10, by inserting after the word 1 4 "infrastructure" the following: "and through the use 1 5 of community cluster rural development". 1 6 #2. Page 37, by inserting after line 4 the 1 7 following: 1 8 "Sec. . Section 28E.35, Code 2003, is amended 1 9 to read as follows: 1 10 28E.35 DEFINITIONS. 1 11 As used in this division unless the context 1 12 otherwise requires: 1 13 1. "Community cluster" means a cooperative 1 14 community unit established pursuant to this chapter 1 15 for the joint exercise of powers by two or more 1 16 governmental units and for sharing one or more 1 17 governmental functions between two or more 1 18 governmental units participating in a community 1 19 cluster. 1 20 2. "Governing board" means the governing board of 1 21 a community cluster appointed pursuant to section 1 22 28E.37. 1 232.3. "Governmental unit" means a city, county, 1 24 township, school district, merged area as defined in 1 25 section 260C.2, or special taxing district. 1 26 4. "Shared governmental function" includes, but is 1 27 not limited to, joint delivery of services, joint 1 28 operation of facilities, joint development of 1 29 infrastructure, or joint fostering of economic 1 30 development. 1 31 Sec. . Section 28E.36, Code 2003, is amended to 1 32 read as follows: 1 33 28E.36 ESTABLISHMENT OF COMMUNITY CLUSTER. 1 34 Two or more governmental units located in the state 1 35 may, by resolution of each governmental unit, 1 36 establish a community clusterby entering into an1 37agreement for the joint exercise of powers pursuant to 1 38 this chapter to make more efficient use of their 1 39 resources by providing forjoint functions, services,1 40facilities, development of infrastructure and for1 41revenue sharing, and to foster economic development1 42 shared governmental functions between two or more of 1 43 the governmental units participating in the community 1 44 cluster. 1 45 A community cluster and its governing board shall 1 46 have all the rights, powers, duties, privileges, and 1 47 immunities of a governmental unit and governmental 1 48 unit governing body to the extent that such rights, 1 49 powers, duties, privileges, and immunities relate to 1 50 shared governmental functions of the governmental 2 1 units participating in the community cluster. 2 2 Sec. . Section 28E.37, Code 2003, is amended by 2 3 striking the section and inserting in lieu thereof the 2 4 following: 2 5 28E.37 COMMUNITY CLUSTER GOVERNING BOARD. 2 6 The governing body of each governmental unit 2 7 participating in a community cluster shall appoint two 2 8 of its members to a community cluster governing board. 2 9 However, an alternative board composition may be 2 10 agreed upon by the participating governmental units. 2 11 A member of the governing board shall serve for two 2 12 years or until the member's term on the governing body 2 13 of the governmental unit expires, whichever is 2 14 earlier. A vacancy on the governing board shall be 2 15 filled in the same manner as the original appointment. 2 16 A member of the governing board shall not receive 2 17 compensation for service on the governing board. 2 18 Sec. . Section 28E.38, Code 2003, is amended by 2 19 striking the section and inserting in lieu thereof the 2 20 following: 2 21 28E.38 POWERS AND DUTIES OF GOVERNING BOARD – 2 22 EXISTING BONDED INDEBTEDNESS – TAXING AUTHORITY. 2 23 1. The governing board shall identify governmental 2 24 functions, services, facilities, development of 2 25 infrastructure, or economic development efforts that 2 26 will be shared or jointly provided or operated within 2 27 the community cluster. 2 28 2. The governing board shall establish an official 2 29 name for the community cluster. 2 30 3. The governing board may provide for the 2 31 transfer or other disposition of property and other 2 32 rights, claims, assets, and franchises as they relate 2 33 to a shared governmental function within the community 2 34 cluster. A governmental unit participating in a 2 35 community cluster may make donations of property, real 2 36 or personal, including gratuitous leases, to the 2 37 community cluster and the governing board as deemed 2 38 proper and appropriate in aiding the community cluster 2 39 and the governing board effectuate their purposes. 2 40 4. The governing board may provide for the 2 41 transfer, reorganization, abolition, adjustment, and 2 42 absorption or merger of existing boards, existing 2 43 subordinate service districts, local improvement 2 44 districts, and agencies of the participating 2 45 governmental units to the extent they relate to a 2 46 shared governmental function within the community 2 47 cluster. 2 48 5. The governing board may determine the 2 49 boundaries of the service areas within the community 2 50 cluster and shall provide for administration of the 3 1 provision of services in each of the designated 3 2 service areas. 3 3 6. The governing board may employ and fix the 3 4 compensation of administrative, technical, 3 5 professional, and clerical assistance as necessary to 3 6 administer a shared governmental function. 3 7 7. a. The governing board may adopt budgets for 3 8 shared governmental functions within the community 3 9 cluster and may levy property taxes to the extent the 3 10 taxing authority of a participating governmental unit 3 11 is transferred to the community cluster to fund a 3 12 shared governmental function. The governing board in 3 13 its budget shall allocate the revenue responsibilities 3 14 of each governmental unit participating in the 3 15 community cluster. The governing board shall follow 3 16 the same procedures for adoption of a budget as if the 3 17 community cluster were a city and the governing board 3 18 a city council. 3 19 b. The governing board shall devise formulas for 3 20 the transfer of taxing authority from governmental 3 21 units that are participating in the community cluster 3 22 to the governing board of the community cluster to 3 23 fund a shared governmental function. The maximum 3 24 rates of taxes authorized to be levied by a 3 25 governmental unit participating in a community cluster 3 26 shall be reduced by an amount equal to that portion of 3 27 the levy rates transferred to the authority of the 3 28 governing board. 3 29 c. In lieu of transferring property taxing 3 30 authority to a governing board, a governmental unit 3 31 participating in a community cluster may meet its 3 32 shared revenue obligations by transferring other 3 33 sources of revenue authorized to be collected by the 3 34 governmental unit. 3 35 8. The governing board may accept donations, 3 36 contributions, grants, or gifts from individuals, 3 37 associations, municipal and private corporations, and 3 38 the United States, or any agency or instrumentality of 3 39 the United States, and may enter into agreements in 3 40 connection therewith. 3 41 9. The governing board may issue bonded 3 42 indebtedness to the extent authorized in section 3 43 28E.39. 3 44 10. By December 1 of each year, the governing 3 45 board shall provide a report relating to shared 3 46 governmental functions and administration of the 3 47 community cluster to the governing body of each 3 48 governmental unit participating in the community 3 49 cluster. 3 50 Sec. . Section 28E.39, Code 2003, is amended by 4 1 striking the section and inserting in lieu thereof the 4 2 following: 4 3 28E.39 ISSUANCE OF BONDS – APPROVAL BY 4 4 ELECTORATE. 4 5 1. The governing board may propose the expenditure 4 6 of funds, the issuance of revenue bonds, entering into 4 7 a lease-purchase agreement, or the issuance of general 4 8 obligation bonds for the following: 4 9 a. Acquisition of a construction site and 4 10 construction of a building or facility for common 4 11 public use by two or more governmental units 4 12 participating in the community cluster. 4 13 b. Purchase of an existing building or facility 4 14 for public use, or conversion of a building or 4 15 facility previously owned and maintained by a 4 16 governmental unit for public use by two or more 4 17 governmental units participating in the community 4 18 cluster. 4 19 c. Equipping or furnishing a new or existing 4 20 building or facility for public use by two or more 4 21 governmental units participating in the community 4 22 cluster. 4 23 d. Operation, maintenance, or improvement of a 4 24 building or facility for public use by two or more 4 25 governmental units participating in the community 4 26 cluster. 4 27 e. Any other aspect of construction, acquisition, 4 28 furnishing, operation, or maintenance of a building or 4 29 facility for public use by two or more governmental 4 30 units participating in the community cluster, such 4 31 other aspect having been proposed by the governing 4 32 board and not otherwise prohibited by law. 4 33 2. The proposal shall be forwarded to the 4 34 governing body of each governmental unit participating 4 35 in the community cluster that is listed in the 4 36 proposal as being allocated a portion of the cost for 4 37 any of the purposes in subsection 1, paragraphs "a" 4 38 through "e". The proposal shall specify the purposes 4 39 for which the building or facility shall be used, the 4 40 estimated cost of the building or facility, the 4 41 estimated amount of the cost to be allocated to each 4 42 of the participating governmental units, the 4 43 proportion and method of allocating the expenses of 4 44 the operation and maintenance of the building or 4 45 facility or improvement, and the disposition to be 4 46 made of any revenues to be derived from operation of 4 47 the building or facility. 4 48 3. If a proposal for expenditure of funds, for 4 49 issuance of revenue bonds, or for issuance of general 4 50 obligation bonds described in the proposal as 5 1 essential county purpose bonds or essential corporate 5 2 purpose bonds is approved by the governing body of 5 3 each governmental unit named in the proposal, the 5 4 governing board may include such expenditures in its 5 5 budget for the following fiscal year. If a proposal 5 6 for issuance of general obligation bonds described in 5 7 the proposal as general county purpose bonds or 5 8 general corporate purpose bonds or for entering into a 5 9 lease-purchase agreement is approved by the governing 5 10 body of each governmental unit named in the proposal, 5 11 the governing board shall direct the county 5 12 commissioner of elections to submit the proposition at 5 13 a special election. The special election may be held 5 14 on the same day as the general election if the county 5 15 commissioner determines that the elections will not 5 16 conflict. Only those registered voters living within 5 17 the governmental units named in the proposal may vote 5 18 on the proposition. The proposition shall be adopted 5 19 if the vote in favor of the proposition is equal to at 5 20 least sixty percent of the vote cast for and against 5 21 the proposition in each governmental unit named in the 5 22 proposal. 5 23 4. The governing board when issuing indebtedness 5 24 pursuant to this section shall follow the procedures 5 25 for issuance of debt as if the governing board were a 5 26 city council or a county board of supervisors and the 5 27 applicable bonding provisions of chapters 74, 75, 331, 5 28 and 384 shall apply. 5 29 5. Indebtedness issued pursuant to this section 5 30 shall constitute a debt of the governmental units 5 31 named in the proposal in the same proportion that the 5 32 cost of the project is allocated to the governmental 5 33 units and such indebtedness is subject to any 5 34 statutory or constitutional limitation on issuance of 5 35 debt if the debt would be subject to such limitation 5 36 if it were issued by a governmental unit acting alone. 5 37 Sec. . Section 28E.40, Code 2003, is amended by 5 38 striking the section and inserting in lieu thereof the 5 39 following: 5 40 28E.40 JOINING COMMUNITY CLUSTER OR TERMINATING 5 41 PARTICIPATION. 5 42 1. A governmental unit, by resolution, may request 5 43 to join an existing community cluster. The governing 5 44 body of the governmental unit shall forward the 5 45 resolution to the governing bodies of each 5 46 governmental unit participating in the community 5 47 cluster. If each of the governing bodies approves the 5 48 resolution, the governmental unit is included in the 5 49 community cluster and shall appoint two of the members 5 50 of its governing body to the governing board of the 6 1 community cluster. 6 2 2. A governmental unit, by resolution, may 6 3 terminate its participation in a community cluster. 6 4 Immediately upon its adoption by the governing body of 6 5 the governmental unit seeking termination of its 6 6 participation in the community cluster, the resolution 6 7 shall be forwarded to the governing board. The 6 8 governing board is not empowered to deny termination 6 9 but it may set a timetable, not to exceed eighteen 6 10 months after adoption of the resolution, for 6 11 termination to be fully effective. 6 12 Sec. . Section 331.461, subsection 2, Code 6 13 2003, is amended by adding the following new 6 14 paragraph: 6 15 NEW PARAGRAPH. h. Port facilities or port 6 16 facilities systems, including without limitation, real 6 17 and personal property, water, buildings, improvements, 6 18 and equipment useful and suitable for taking care of 6 19 the needs of commerce and shipping, and also including 6 20 without limitation, wharves, docks, basins, piers, 6 21 quay walls, warehouses, tunnels, belt railway 6 22 facilities, cranes, dock apparatus, and other 6 23 machinery necessary for the convenient and economical 6 24 accommodation and handling of watercraft of all kinds 6 25 and of freight and passengers." 6 26 #3. By renumbering as necessary. 6 27 6 28 6 29 6 30 WISE of Lee 6 31 6 32 6 33 6 34 BELL of Jasper 6 35 6 36 6 37 6 38 BERRY of Black Hawk 6 39 6 40 6 41 6 42 BUKTA of Clinton 6 43 6 44 6 45 6 46 COHOON of Des Moines 6 47 6 48 6 49 6 50 CONNORS of Polk 7 1 7 2 7 3 7 4 DANDEKAR of Linn 7 5 7 6 7 7 7 8 DAVITT of Warren 7 9 7 10 7 11 7 12 FOEGE of Linn 7 13 7 14 7 15 7 16 FORD of Polk 7 17 7 18 7 19 7 20 FREVERT of Palo Alto 7 21 7 22 7 23 7 24 GASKILL of Wapello 7 25 7 26 7 27 7 28 GREIMANN of Story 7 29 7 30 7 31 7 32 HEDDENS of Story 7 33 7 34 7 35 7 36 HOGG of Linn 7 37 7 38 7 39 7 40 HUNTER of Polk 7 41 7 42 7 43 7 44 HUSER of Polk 7 45 7 46 7 47 7 48 JACOBY of Johnson 7 49 7 50 8 1 8 2 JOCHUM of Dubuque 8 3 8 4 8 5 8 6 KUHN of Floyd 8 7 8 8 8 9 8 10 LENSING of Johnson 8 11 8 12 8 13 8 14 LYKAM of Scott 8 15 8 16 8 17 8 18 MASCHER of Johnson 8 19 8 20 8 21 8 22 McCARTHY of Polk 8 23 8 24 8 25 8 26 MERTZ of Kossuth 8 27 8 28 8 29 8 30 MILLER of Webster 8 31 8 32 8 33 8 34 MURPHY of Dubuque 8 35 8 36 8 37 8 38 OLDSON of Polk 8 39 8 40 8 41 8 42 D. OLSON of Boone 8 43 8 44 8 45 8 46 OSTERHAUS of Jackson 8 47 8 48 8 49 8 50 PETERSEN of Polk 9 1 9 2 9 3 9 4 QUIRK of Chickasaw 9 5 9 6 9 7 9 8 REASONER of Union 9 9 9 10 9 11 9 12 SHOMSHOR of Pottawattamie 9 13 9 14 9 15 9 16 SHOULTZ of Black Hawk 9 17 9 18 9 19 9 20 SMITH of Marshall 9 21 9 22 9 23 9 24 STEVENS of Dickinson 9 25 9 26 9 27 9 28 SWAIM of Davis 9 29 9 30 9 31 9 32 D. TAYLOR of Linn 9 33 9 34 9 35 9 36 T. TAYLOR of Linn 9 37 9 38 9 39 9 40 THOMAS of Clayton 9 41 9 42 9 43 9 44 WENDT of Woodbury 9 45 9 46 9 47 9 48 WHITAKER of Van Buren 9 49 9 50 10 1 10 2 WHITEAD of Woodbury 10 3 10 4 10 5 10 6 WINCKLER of Scott 10 7 SF 2298.558 80 10 8 tm/pj
Text: H08469 Text: H08471 Text: H08400 - H08499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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