House
Study
Bill
91
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
HIGHFILL)
A
BILL
FOR
An
Act
relating
to
the
designation
of
certain
county
and
city
1
activities
as
essential
purposes
or
general
purposes
for
2
bonding
purposes.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2292YC
(3)
87
md/nh
H.F.
_____
Section
1.
Section
28M.3,
unnumbered
paragraph
1,
Code
1
2017,
is
amended
to
read
as
follows:
2
A
regional
transit
district
shall
have
all
the
rights,
3
powers,
and
duties
of
a
county
enterprise
pursuant
to
sections
4
331.462
through
331.469
as
they
relate
to
the
purpose
for
5
which
the
regional
transit
district
is
created,
including
6
the
authority
to
issue
revenue
bonds
for
the
establishment,
7
construction,
reconstruction,
repair,
equipping,
remodeling,
8
extension,
maintenance,
and
operation
of
works,
vehicles,
and
9
facilities
of
a
regional
transit
district.
In
addition,
a
10
regional
transit
district,
with
the
approval
of
the
board
of
11
supervisors,
may
issue
general
obligation
bonds
as
an
essential
12
a
general
county
purpose
pursuant
to
chapter
331,
division
IV,
13
part
3
,
for
the
establishment,
construction,
reconstruction,
14
repair,
equipping,
remodeling,
extension,
maintenance,
and
15
operation
of
works,
vehicles,
and
facilities
of
a
regional
16
transit
district.
Such
general
obligation
bonds
are
payable
17
from
the
property
tax
levy
authorized
in
section
28M.5
.
18
Sec.
2.
Section
331.441,
subsection
2,
paragraph
b,
19
subparagraphs
(13)
and
(15),
Code
2017,
are
amended
by
striking
20
the
subparagraphs.
21
Sec.
3.
Section
331.441,
subsection
2,
paragraph
c,
Code
22
2017,
is
amended
by
adding
the
following
new
subparagraphs:
23
NEW
SUBPARAGRAPH
.
(011)
The
acquisition,
pursuant
to
a
24
chapter
28E
agreement,
of
a
city
convention
center
or
veterans
25
memorial
auditorium,
including
the
renovation,
remodeling,
26
reconstruction,
expansion,
improvement,
or
equipping
of
such
a
27
center
or
auditorium,
provided
that
debt
service
funds
shall
28
not
be
derived
from
the
division
of
taxes
under
section
403.19.
29
NEW
SUBPARAGRAPH
.
(0011)
The
establishment,
construction,
30
reconstruction,
repair,
equipping,
remodeling,
extension,
31
maintenance,
and
operation
of
works,
vehicles,
and
facilities
32
of
a
regional
transit
district.
33
Sec.
4.
Section
384.24,
subsection
3,
paragraphs
b,
c,
34
f,
g,
h,
i,
n,
and
p,
Code
2017,
are
amended
by
striking
the
35
-1-
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2292YC
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md/nh
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H.F.
_____
paragraphs.
1
Sec.
5.
Section
384.24,
subsection
4,
Code
2017,
is
amended
2
by
adding
the
following
new
paragraphs:
3
NEW
PARAGRAPH
.
0h.
The
reconstruction,
extension,
and
4
improvement
of
an
airport
owned
or
operated
by
the
city,
an
5
agency
of
the
city,
or
a
multimember
governmental
body
of
which
6
the
city
is
a
participating
member.
7
NEW
PARAGRAPH
.
0i.
The
acquisition,
construction,
8
improvement,
and
installation
of
street
lighting
fixtures,
9
connections,
and
facilities.
10
NEW
PARAGRAPH
.
00i.
The
construction,
reconstruction,
and
11
repair
of
sidewalks
and
pedestrian
underpasses
and
overpasses,
12
and
the
acquisition
of
real
estate
needed
for
such
purposes.
13
NEW
PARAGRAPH
.
000i.
The
settlement,
adjustment,
renewal,
14
or
extension
of
any
part
or
all
of
the
legal
indebtedness
of
15
a
city,
whether
evidenced
by
bonds,
warrants,
or
judgments,
16
or
the
funding
or
refunding
of
the
same,
whether
or
not
such
17
indebtedness
was
created
for
a
purpose
for
which
general
18
obligation
bonds
might
have
been
issued
in
the
original
19
instance.
20
NEW
PARAGRAPH
.
0000i.
The
undertaking
of
any
project
21
jointly
or
in
cooperation
with
any
other
governmental
body
22
which,
if
undertaken
by
the
city
alone,
would
be
for
an
23
essential
corporate
purpose,
including
the
joint
purchase,
24
acquisition,
construction,
ownership,
or
control
of
any
real
or
25
personal
property.
26
NEW
PARAGRAPH
.
00000i.
The
acquisition,
construction,
27
reconstruction,
improvement,
and
extension
of
works
and
28
facilities
useful
for
the
control
and
elimination
of
any
29
and
all
sources
of
air,
water,
and
noise
pollution,
and
the
30
acquisition
of
real
estate
needed
for
such
purposes.
31
NEW
PARAGRAPH
.
000000i.
The
acquisition,
construction,
32
reconstruction,
and
improvement
of
all
waterways,
and
real
and
33
personal
property,
useful
for
the
protection
or
reclamation
34
of
property
situated
within
the
corporate
limits
of
cities
35
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H.F.
_____
from
floods
or
high
waters,
and
for
the
protection
of
property
1
in
cities
from
the
effects
of
flood
waters,
including
the
2
deepening,
widening,
alteration,
change,
diversion,
or
other
3
improvement
of
watercourses,
within
or
without
the
city
limits,
4
the
construction
of
levees,
embankments,
structures,
impounding
5
reservoirs,
or
conduits,
and
the
establishment,
improvement,
6
and
widening
of
streets,
avenues,
boulevards,
and
alleys
across
7
and
adjacent
to
the
project,
as
well
as
the
development
and
8
beautification
of
the
banks
and
other
areas
adjacent
to
flood
9
control
improvements.
10
NEW
PARAGRAPH
.
0000000i.
The
rehabilitation
and
improvement
11
of
area
television
translator
systems
already
owned.
12
Sec.
6.
Section
384.27,
subsection
2,
Code
2017,
is
amended
13
to
read
as
follows:
14
2.
General
obligation
funding
or
refunding
bonds
issued
15
for
the
purposes
specified
in
section
384.24,
subsection
3
16
4
,
paragraph
“f”
“000i”
,
may
be
exchanged
for
the
evidences
17
of
the
legal
indebtedness
being
funded
or
refunded,
or
such
18
funding
or
refunding
bonds
may
be
sold
in
the
manner
prescribed
19
by
chapter
75
and
the
proceeds
applied
to
the
payment
of
such
20
indebtedness.
Funding
or
refunding
bonds
may
bear
interest
21
at
the
same
rate
as,
or
at
a
higher
or
lower
rate
or
rates
of
22
interest
than
the
indebtedness
being
funded
or
refunded.
23
Sec.
7.
Section
411.38,
subsection
1,
paragraph
b,
24
subparagraph
(2),
Code
2017,
is
amended
to
read
as
follows:
25
(2)
In
the
alternative,
a
city
may
treat
the
city’s
26
accrued
unfunded
liability
for
the
terminated
system
as
legal
27
indebtedness
to
the
statewide
system
for
the
purposes
of
28
section
384.24,
subsection
3
4
,
paragraph
“f”
“000i”
.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
designation
of
certain
county
and
33
city
activities
as
essential
purposes
or
general
purposes.
34
The
bill
strikes
the
portion
of
the
definition
of
“essential
35
-3-
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2292YC
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H.F.
_____
county
purpose”
relating
to
the
acquisition,
pursuant
to
an
1
agreement
under
Code
chapter
28E,
of
a
city
convention
center
2
or
veterans
memorial
auditorium
and
the
portion
concerning
3
certain
activities
related
to
a
regional
transit
district.
The
4
bill
also
adds
those
stricken
provisions
to
the
definition
of
5
“general
county
purpose”.
Under
Code
chapter
331,
a
county
6
board
of
supervisors
may
approve
the
issuance
of
general
7
obligation
bonds
to
carry
out
an
essential
county
purpose
8
without
approval
by
voters
at
an
election,
while
the
issuance
9
of
general
obligation
bonds
to
carry
out
a
general
county
10
purpose
generally
requires
approval
by
voters
at
election.
11
The
bill
strikes
the
portions
of
the
definition
of
12
“essential
corporate
purpose”
relating
to
the
following
13
activities
and
adds
them
to
the
definition
of
“general
14
corporate
purpose”:
(1)
reconstruction,
extension,
and
15
improvement
of
an
airport
owned
or
operated
by
the
city,
16
an
agency
of
the
city,
or
a
multimember
governmental
17
body
of
which
the
city
is
a
participating
member;
(2)
18
acquisition,
construction,
improvement,
and
installation
of
19
street
lighting
fixtures,
connections,
and
facilities;
(3)
20
construction,
reconstruction,
and
repair
of
sidewalks
and
21
pedestrian
underpasses
and
overpasses,
and
the
acquisition
22
of
real
estate
needed
for
such
purposes;
(4)
settlement,
23
adjustment,
renewal,
or
extension
of
any
part
or
all
of
the
24
legal
indebtedness
of
a
city,
whether
evidenced
by
bonds,
25
warrants,
or
judgments,
or
the
funding
or
refunding
of
the
26
same,
whether
or
not
such
indebtedness
was
created
for
a
27
purpose
for
which
general
obligation
bonds
might
have
been
28
issued
in
the
original
instance;
(5)
undertaking
of
any
29
project
jointly
or
in
cooperation
with
any
other
governmental
30
body
which,
if
undertaken
by
the
city
alone,
would
be
for
an
31
essential
corporate
purpose;
(6)
acquisition,
construction,
32
reconstruction,
improvement,
and
extension
of
works
and
33
facilities
useful
for
the
control
and
elimination
of
any
34
and
all
sources
of
air,
water,
and
noise
pollution,
and
the
35
-4-
LSB
2292YC
(3)
87
md/nh
4/
5
H.F.
_____
acquisition
of
real
estate
needed
for
such
purposes;
(7)
1
acquisition,
construction,
reconstruction,
and
improvement
2
of
all
waterways,
and
real
and
personal
property,
useful
for
3
the
protection
or
reclamation
of
property
situated
within
the
4
corporate
limits
of
cities
from
floods
or
high
waters,
and
5
for
the
protection
of
property
in
cities
from
the
effects
of
6
flood
waters;
and
(8)
rehabilitation
and
improvement
of
area
7
television
translator
systems
already
owned.
8
Under
Code
chapter
384,
a
city
may
approve
the
issuance
of
9
general
obligation
bonds
to
carry
out
an
essential
corporate
10
purpose
without
approval
by
voters
at
an
election,
while
the
11
issuance
of
general
obligation
bonds
to
carry
out
a
general
12
corporate
purpose
generally
requires
approval
by
voters
at
13
election.
14
The
bill
makes
corresponding
changes
to
other
provisions
15
of
law
related
to
activities
of
cities
and
counties
and
by
16
operation
of
law
to
activities
of
other
local
government
17
entities.
18
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