Text: SF02283 Text: SF02285 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2284 1 2 1 3 AN ACT 1 4 RELATING TO THE ESTABLISHMENT OF A REGIONAL TRANSIT DISTRICT 1 5 WITHIN THE UNINCORPORATED AREAS OF CERTAIN COUNTIES AND 1 6 WITHIN CERTAIN CITIES, REQUIRING CREATION OF A REGIONAL 1 7 TRANSIT DISTRICT COMMISSION, AUTHORIZING THE VOLUNTARY 1 8 IMPOSITION OF A REGIONAL TRANSIT PROPERTY TAX LEVY, AND 1 9 PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AND 1 10 REVENUE BONDS. 1 11 1 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 13 1 14 Section 1. NEW SECTION. 28M.1 REGIONAL TRANSIT DISTRICT 1 15 DEFINED. 1 16 As used in this chapter, unless the context otherwise 1 17 requires: 1 18 1. "Commission" means a regional transit district 1 19 commission appointed pursuant to section 28M.4. 1 20 2. "Regional transit district" means a public transit 1 21 district created by agreement pursuant to chapter 28E by one 1 22 or more counties and participating cities to provide support 1 23 for transportation of passengers by one or more public transit 1 24 systems which may be designated as a public transit system 1 25 under chapter 324A. 1 26 Sec. 2. NEW SECTION. 28M.2 REGIONAL TRANSIT DISTRICT 1 27 CREATED. 1 28 1. A county with a population in excess of three hundred 1 29 thousand and participating cities may create, by chapter 28E 1 30 agreement, a regional transit district in the county pursuant 1 31 to this chapter. Two or more contiguous counties and 1 32 participating cities may create, by chapter 28E agreement, a 1 33 regional transit district pursuant to this chapter if one of 1 34 the counties has a population in excess of three hundred 1 35 thousand. A district shall consist of the unincorporated area 2 1 of any participating county and the incorporated area of any 2 2 city in the county that does not have an urban transit system. 2 3 However, a city without an urban transit system may decline, 2 4 by resolution forwarded to the board of supervisors, to 2 5 participate in a regional transit district. 2 6 2. A city with an urban transit system may participate in 2 7 a regional transit district if the city council, by resolution 2 8 forwarded to the board of supervisors, notifies the county 2 9 that the city wishes to participate. 2 10 3. A city that is located in a nonparticipating county 2 11 that is contiguous to a county with a population in excess of 2 12 three hundred thousand that is creating a regional transit 2 13 district may notify that county, by resolution forwarded to 2 14 the board of supervisors of that county, that the city wishes 2 15 to participate. 2 16 4. The chapter 28E agreement shall include a map showing 2 17 the area and boundaries of the regional transit district. 2 18 Sec. 3. NEW SECTION. 28M.3 REGIONAL TRANSIT DISTRICT 2 19 AUTHORITY – COUNTY ENTERPRISE – BONDING AUTHORITY. 2 20 A regional transit district shall have all the rights, 2 21 powers, and duties of a county enterprise pursuant to sections 2 22 331.462 through 331.469 as they relate to the purpose for 2 23 which the regional transit district is created, including the 2 24 authority to issue revenue bonds for the establishment, 2 25 construction, reconstruction, repair, equipping, remodeling, 2 26 extension, maintenance, and operation of works, vehicles, and 2 27 facilities of a regional transit district. In addition, a 2 28 regional transit district, with the approval of the board of 2 29 supervisors, may issue general obligation bonds as an 2 30 essential county purpose pursuant to chapter 331, division IV, 2 31 part 3, for the establishment, construction, reconstruction, 2 32 repair, equipping, remodeling, extension, maintenance, 2 33 operation of works, vehicles, and facilities of a regional 2 34 transit district. Such general obligation bonds are payable 2 35 from the property tax levy authorized in section 28M.5. 3 1 The commission appointed pursuant to section 28M.4 shall 3 2 exercise all powers of the board of supervisors in management 3 3 and administration of the regional transit district as if it 3 4 were a board of supervisors under sections 331.462 through 3 5 331.469. 3 6 Sec. 4. NEW SECTION. 28M.4 REGIONAL TRANSIT DISTRICT 3 7 COMMISSION – MEMBERSHIP – POWERS. 3 8 1. The governing bodies of counties and cities 3 9 participating in a regional transit district shall appoint a 3 10 commission to manage and administer the regional transit 3 11 district. Commission members shall serve for staggered six- 3 12 year terms. The agreement creating the regional transit 3 13 district shall set the compensation of commission members. 3 14 2. The title to all property of a regional transit 3 15 district shall be held in the name of the district, and the 3 16 commission has all the powers and authorities of a board of 3 17 supervisors with respect to the acquisition by purchase, 3 18 condemnation or otherwise, lease, sale, or other disposition 3 19 of the property, and the management, control, and operation of 3 20 the property, subject to the requirements, terms, covenants, 3 21 conditions, and provisions of any resolutions authorizing the 3 22 issuance of revenue bonds, pledge orders, or other obligations 3 23 which are payable from the revenues of the regional transit 3 24 district, and which are then outstanding. 3 25 3. A commission shall adopt and certify an annual budget 3 26 for the regional transit district. A commission in its budget 3 27 shall allocate the revenue responsibilities of each county and 3 28 city participating in the regional transit district. A 3 29 commission shall be considered a municipality for purposes of 3 30 adopting and certifying a budget pursuant to chapter 24. 3 31 4. A commission may establish a schedule of fares and 3 32 collect fares for the transportation of passengers. 3 33 5. A commission shall levy for and control any tax 3 34 revenues paid to the regional transit district the commission 3 35 administers and all moneys derived from the operation of the 4 1 regional transit district, the sale of its property, interest 4 2 on investments, or from any other source related to the 4 3 regional transit district. 4 4 6. All moneys received by the commission shall be held by 4 5 the county treasurer in a separate fund. If more than one 4 6 county is participating in the regional transit district, the 4 7 moneys shall be paid to the county treasurer of the 4 8 participating county with the largest population. Moneys may 4 9 be paid out of the fund only at the direction of the 4 10 commission. 4 11 7. A commission is subject to section 331.341, subsections 4 12 1, 2, 4, and 5, and section 331.342, in contracting for public 4 13 improvements. 4 14 8. Immediately following a regular or special meeting of a 4 15 commission, the secretary of the commission shall prepare a 4 16 condensed statement of the proceedings of the commission and 4 17 cause the statement to be published not more than twenty days 4 18 following the meeting in one or more newspapers which meet the 4 19 requirements of section 618.14. The statement shall include a 4 20 list of all claims allowed, showing the name of the person or 4 21 firm making the claim, the reason for the claim, and the 4 22 amount of the claim. Salary claims must show the gross amount 4 23 of the claim except that salaries paid to persons regularly 4 24 employed by the commission, for services regularly performed 4 25 by the persons shall be published once annually showing the 4 26 gross amount of the salary. 4 27 9. A commission shall submit to the governing body of each 4 28 participating county and city a detailed annual report, 4 29 including a complete financial statement. 4 30 Sec. 5. NEW SECTION. 28M.5 REGIONAL TRANSIT DISTRICT 4 31 LEVY. 4 32 1. The commission, with the approval of the board of 4 33 supervisors of participating counties and the city council of 4 34 participating cities, may levy annually a tax not to exceed 4 35 ninety-five cents per thousand dollars of the assessed value 5 1 of all taxable property in a regional transit district. 5 2 However, for a city participating in a regional transit 5 3 district, the total of all the tax levies imposed in the city 5 4 pursuant to section 384.12, subsection 10, and this section 5 5 shall not exceed the aggregate of ninety-five cents per 5 6 thousand dollars of the assessed value of all taxable property 5 7 in the participating city. 5 8 The amount of the regional transit district levy that is 5 9 the responsibility of a participating county shall be deducted 5 10 from the maximum rates of taxes authorized to be levied by the 5 11 county pursuant to section 331.423, subsections 1 and 2, as 5 12 applicable. 5 13 The regional transit district tax levy imposed in a 5 14 participating city located in a nonparticipating contiguous 5 15 county shall, when collected, be paid to the county treasurer 5 16 of the participating county. 5 17 2. The proceeds of the tax levy shall be used for the 5 18 operation and maintenance of a regional transit district, for 5 19 payment of debt obligations of the district, and for the 5 20 creation of a reserve fund. The commission may divide the 5 21 territory of a regional transit district outside the 5 22 boundaries of a city into separate service areas and impose a 5 23 regional transit district levy not to exceed the maximum rate 5 24 authorized by this section in each service area. 5 25 Sec. 6. Section 331.441, subsection 2, paragraph b, Code 5 26 2003, is amended by adding the following new subparagraph: 5 27 NEW SUBPARAGRAPH. (15) The establishment, construction, 5 28 reconstruction, repair, equipping, remodeling, extension, 5 29 maintenance, and operation of works, vehicles, and facilities 5 30 of a regional transit district. 5 31 Sec. 7. Section 331.461, subsection 2, Code 2003, is 5 32 amended by adding the following new paragraph: 5 33 NEW PARAGRAPH. h. A regional transit district but only as 5 34 provided for in chapter 28M. 5 35 Sec. 8. Section 384.12, subsection 10, Code 2003, is 6 1 amended to read as follows: 6 2 10. A tax for the operation and maintenance of a municipal 6 3 transit system or for operation and maintenance of a regional 6 4 transit district, and for the creation of a reserve fund for 6 5 the system or district, in an amount not to exceed ninety-five 6 6 cents per thousand dollars of assessed value each year, when 6 7 the revenues from the transit system or district are 6 8 insufficient for such purposes, but proceeds of the tax may6 9not be used to pay interest and principal on bonds issued for6 10the purposes of the transit system. 6 11 6 12 6 13 6 14 JEFFREY M. LAMBERTI 6 15 President of the Senate 6 16 6 17 6 18 6 19 CHRISTOPHER C. RANTS 6 20 Speaker of the House 6 21 6 22 I hereby certify that this bill originated in the Senate and 6 23 is known as Senate File 2284, Eightieth General Assembly. 6 24 6 25 6 26 6 27 MICHAEL E. MARSHALL 6 28 Secretary of the Senate 6 29 Approved , 2004 6 30 6 31 6 32 6 33 THOMAS J. VILSACK 6 34 Governor
Text: SF02283 Text: SF02285 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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