Text: SF02251 Text: SF02253 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 28M.1 REGIONAL TRANSIT DISTRICT 1 2 DEFINED. 1 3 As used in this chapter, unless the context otherwise 1 4 requires: 1 5 1. "Commission" means a regional transit district 1 6 commission appointed pursuant to section 28M.4. 1 7 2. "Regional transit district" means a public transit 1 8 district created by agreement pursuant to chapter 28E by one 1 9 or more counties and participating cities to provide support 1 10 for transportation of passengers by one or more public transit 1 11 systems which may be designated as a public transit system 1 12 under chapter 324A. 1 13 Sec. 2. NEW SECTION. 28M.2 REGIONAL TRANSIT DISTRICT 1 14 CREATED. 1 15 1. A county with a population in excess of three hundred 1 16 thousand and participating cities may create, by chapter 28E 1 17 agreement, a regional transit district in the county pursuant 1 18 to this chapter. Two or more contiguous counties and 1 19 participating cities may create, by chapter 28E agreement, a 1 20 regional transit district pursuant to this chapter if one of 1 21 the counties has a population in excess of three hundred 1 22 thousand. A district shall consist of the unincorporated area 1 23 of any participating county and the incorporated area of any 1 24 city in the county that does not have an urban transit system. 1 25 However, a city without an urban transit system may decline, 1 26 by resolution forwarded to the board of supervisors, to 1 27 participate in a regional transit district. 1 28 2. A city with an urban transit system may participate in 1 29 a regional transit district if the city council, by resolution 1 30 forwarded to the board of supervisors, notifies the county 1 31 that the city wishes to participate. 1 32 3. A city that is located in a nonparticipating county 1 33 that is contiguous to a county with a population in excess of 1 34 three hundred thousand that is creating a regional transit 1 35 district may notify that county, by resolution forwarded to 2 1 the board of supervisors of that county, that the city wishes 2 2 to participate. 2 3 4. The chapter 28E agreement shall include a map showing 2 4 the area and boundaries of the regional transit district. 2 5 Sec. 3. NEW SECTION. 28M.3 REGIONAL TRANSIT DISTRICT 2 6 AUTHORITY – COUNTY ENTERPRISE – BONDING AUTHORITY. 2 7 A regional transit district shall have all the rights, 2 8 powers, and duties of a county enterprise pursuant to sections 2 9 331.462 through 331.469 as they relate to the purpose for 2 10 which the regional transit district is created, including the 2 11 authority to issue revenue bonds for the establishment, 2 12 construction, reconstruction, repair, equipping, remodeling, 2 13 extension, maintenance, and operation of works, vehicles, and 2 14 facilities of a regional transit district. In addition, a 2 15 regional transit district, with the approval of the board of 2 16 supervisors, may issue general obligation bonds as an 2 17 essential county purpose pursuant to chapter 331, division IV, 2 18 part 3, for the establishment, construction, reconstruction, 2 19 repair, equipping, remodeling, extension, maintenance, 2 20 operation of works, vehicles, and facilities of a regional 2 21 transit district. Such general obligation bonds are payable 2 22 from the property tax levy authorized in section 28M.5. 2 23 The commission appointed pursuant to section 28M.4 shall 2 24 exercise all powers of the board of supervisors in management 2 25 and administration of the regional transit district as if it 2 26 were a board of supervisors under sections 331.462 through 2 27 331.469. 2 28 Sec. 4. NEW SECTION. 28M.4 REGIONAL TRANSIT DISTRICT 2 29 COMMISSION – MEMBERSHIP – POWERS. 2 30 1. The governing bodies of counties and cities 2 31 participating in a regional transit district shall appoint a 2 32 commission to manage and administer the regional transit 2 33 district. Commission members shall serve for staggered six- 2 34 year terms. The agreement creating the regional transit 2 35 district shall set the compensation of commission members. 3 1 2. The title to all property of a regional transit 3 2 district shall be held in the name of the district, and the 3 3 commission has all the powers and authorities of a board of 3 4 supervisors with respect to the acquisition by purchase, 3 5 condemnation or otherwise, lease, sale, or other disposition 3 6 of the property, and the management, control, and operation of 3 7 the property, subject to the requirements, terms, covenants, 3 8 conditions, and provisions of any resolutions authorizing the 3 9 issuance of revenue bonds, pledge orders, or other obligations 3 10 which are payable from the revenues of the regional transit 3 11 district, and which are then outstanding. 3 12 3. A commission shall adopt and certify an annual budget 3 13 for the regional transit district. A commission in its budget 3 14 shall allocate the revenue responsibilities of each county and 3 15 city participating in the regional transit district. A 3 16 commission shall be considered a municipality for purposes of 3 17 adopting and certifying a budget pursuant to chapter 24. 3 18 4. A commission may establish a schedule of fares and 3 19 collect fares for the transportation of passengers. 3 20 5. A commission shall levy for and control any tax 3 21 revenues paid to the regional transit district the commission 3 22 administers and all moneys derived from the operation of the 3 23 regional transit district, the sale of its property, interest 3 24 on investments, or from any other source related to the 3 25 regional transit district. 3 26 6. All moneys received by the commission shall be held by 3 27 the county treasurer in a separate fund. If more than one 3 28 county is participating in the regional transit district, the 3 29 moneys shall be paid to the county treasurer of the 3 30 participating county with the largest population. Moneys may 3 31 be paid out of the fund only at the direction of the 3 32 commission. 3 33 7. A commission is subject to section 331.341, subsections 3 34 1, 2, 4, and 5, and section 331.342, in contracting for public 3 35 improvements. 4 1 8. Immediately following a regular or special meeting of a 4 2 commission, the secretary of the commission shall prepare a 4 3 condensed statement of the proceedings of the commission and 4 4 cause the statement to be published not more than twenty days 4 5 following the meeting in one or more newspapers which meet the 4 6 requirements of section 618.14. The statement shall include a 4 7 list of all claims allowed, showing the name of the person or 4 8 firm making the claim, the reason for the claim, and the 4 9 amount of the claim. Salary claims must show the gross amount 4 10 of the claim except that salaries paid to persons regularly 4 11 employed by the commission, for services regularly performed 4 12 by the persons shall be published once annually showing the 4 13 gross amount of the salary. 4 14 9. A commission shall submit to the governing body of each 4 15 participating county and city a detailed annual report, 4 16 including a complete financial statement. 4 17 Sec. 5. NEW SECTION. 28M.5 REGIONAL TRANSIT DISTRICT 4 18 LEVY. 4 19 1. The commission, with the approval of the board of 4 20 supervisors of participating counties and the city council of 4 21 participating cities, may levy annually a tax not to exceed 4 22 ninety-five cents per thousand dollars of the assessed value 4 23 of all taxable property in a regional transit district. 4 24 However, for a city participating in a regional transit 4 25 district, the total of all the tax levies imposed in the city 4 26 pursuant to section 384.12, subsection 10, and this section 4 27 shall not exceed the aggregate of ninety-five cents per 4 28 thousand dollars of the assessed value of all taxable property 4 29 in the participating city. 4 30 The amount of the regional transit district levy that is 4 31 the responsibility of a participating county shall be deducted 4 32 from the maximum rates of taxes authorized to be levied by the 4 33 county pursuant to section 331.423, subsections 1 and 2, as 4 34 applicable. 4 35 The regional transit district tax levy imposed in a 5 1 participating city located in a nonparticipating contiguous 5 2 county shall, when collected, be paid to the county treasurer 5 3 of the participating county. 5 4 2. The proceeds of the tax levy shall be used for the 5 5 operation and maintenance of a regional transit district, for 5 6 payment of debt obligations of the district, and for the 5 7 creation of a reserve fund. The commission may divide the 5 8 territory of a regional transit district outside the 5 9 boundaries of a city into separate service areas and impose a 5 10 regional transit district levy not to exceed the maximum rate 5 11 authorized by this section in each service area. 5 12 Sec. 6. Section 331.441, subsection 2, paragraph b, Code 5 13 2003, is amended by adding the following new subparagraph: 5 14 NEW SUBPARAGRAPH. (15) The establishment, construction, 5 15 reconstruction, repair, equipping, remodeling, extension, 5 16 maintenance, and operation of works, vehicles, and facilities 5 17 of a regional transit district. 5 18 Sec. 7. Section 331.461, subsection 2, Code 2003, is 5 19 amended by adding the following new paragraph: 5 20 NEW PARAGRAPH. h. A regional transit district but only as 5 21 provided for in chapter 28M. 5 22 Sec. 8. Section 384.12, subsection 10, Code 2003, is 5 23 amended to read as follows: 5 24 10. A tax for the operation and maintenance of a municipal 5 25 transit system or for operation and maintenance of a regional 5 26 transit district, and for the creation of a reserve fund for 5 27 the system or district, in an amount not to exceed ninety-five 5 28 cents per thousand dollars of assessed value each year, when 5 29 the revenues from the transit system or district are 5 30 insufficient for such purposes, but proceeds of the tax may5 31not be used to pay interest and principal on bonds issued for5 32the purposes of the transit system. 5 33 EXPLANATION 5 34 This bill authorizes the creation, by Code chapter 28E 5 35 agreement, of a regional transit district in a county with a 6 1 population in excess of 300,000 or in one or more contiguous 6 2 counties and in certain cities if one of the counties has a 6 3 population excess of 300,000. 6 4 The bill provides that a regional transit district shall 6 5 consist of the unincorporated area of a participating county 6 6 and cities without an urban transit system within the county 6 7 unless the city, by resolution, declines to participate. A 6 8 city that has an urban transit system and is located in a 6 9 participating county may, by resolution, participate in the 6 10 regional transit district. The bill also provides that a city 6 11 located in a nonparticipating contiguous county may, by 6 12 resolution, participate in the regional transit district. 6 13 The bill provides that a regional transit district shall 6 14 have the rights, powers, and duties of a county enterprise 6 15 under Code sections 331.462 through 331.469. The bill 6 16 requires the participating counties and cities to appoint a 6 17 commission to manage and administer the regional transit 6 18 district. 6 19 The bill provides that the commission of a regional transit 6 20 district may establish a schedule of fares and collect fares 6 21 for its transportation services. The bill authorizes the 6 22 commission to adopt a budget and certify for levy a regional 6 23 transit district property tax with the approval of the 6 24 participating counties and cities not to exceed 95 cents per 6 25 $1,000 of the assessed value of all taxable property in the 6 26 county within a regional transit district, including within a 6 27 participating city. The levy is for maintenance and operation 6 28 of a regional transit district, for payment of debt 6 29 obligations, and for a reserve fund. If a city is included in 6 30 a regional transit district, the regional district levy and 6 31 the supplemental levy for municipal transit purposes shall not 6 32 exceed the current limitation of 95 cents per $1,000 of 6 33 assessed value. The bill amends the city supplemental levy 6 34 provision to allow the tax levy for municipal transit to be 6 35 used for payment on bonds issued for the transit system. The 7 1 county portion of a regional transit district levy is to be 7 2 deducted from the basic levies for general and rural services 7 3 in the county, as applicable. 7 4 The bill amends the county bonding laws to provide that a 7 5 regional transit district is an essential county purpose for 7 6 the purpose of issuing general obligation bonds, by the 7 7 commission with the approval of the board of supervisors, to 7 8 finance its works, equipment, and facilities. 7 9 LSB 6792SV 80 7 10 sc/cf/24
Text: SF02251 Text: SF02253 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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