28E.41 - JOINT COUNTY, CITY, FIRE DISTRICT, AND SCHOOL DISTRICT BUILDINGS.
28E.41 JOINT COUNTY, CITY, FIRE DISTRICT, AND SCHOOL
DISTRICT BUILDINGS.
1. A county, city, fire district, or school district, which has
areas within its boundaries which overlap areas within the boundaries
of another county, city, fire district, or school district, or whose
boundaries are contiguous with another county, city, fire district,
or school district, may execute an agreement pursuant to this section
for the joint construction or acquisition, furnishing, operation, and
maintenance of a public building or buildings for their common use.
Noncontiguous cities located within the same county, or cities
located in contiguous counties, may also execute an agreement for the
joint construction or acquisition, furnishing, operation, and
maintenance of a joint public building or buildings for their common
use. Such an agreement regarding a joint public building may allow
for, but is not limited to, any of the following:
a. Acquisition of a construction site and construction of a
public building for common use.
b. Purchase of an existing building for joint public use, or
conversion of a building previously owned and maintained by a county,
city, fire district, or school district for joint public use.
c. Equipping or furnishing a new or existing building for
joint public use.
d. Operation, maintenance, or improvement of a joint public
building.
e. Any other aspect of joint public building construction,
acquisition, furnishing, operation, or maintenance mutually agreed
upon by the county, city, fire district, or school district and not
otherwise prohibited by law.
2. An agreement pursuant to subsection 1 shall be approved by
resolution of the governing bodies of each of the participating
counties, cities, fire districts, or school districts and shall
specify the purposes for which the joint public building shall be
used, the estimated cost thereof, the estimated amount of the cost to
be allocated to each of the participating counties, cities, fire
districts, or school districts, the proportion and method of
allocating the expenses of the operation and maintenance of the
building or improvement, and the disposition to be made of any
revenues to be derived therefrom, in addition to the provisions of
sections 28E.5 and 28E.6, and any other applicable provision of this
chapter.
3. a. A county, city, fire district, or school district may
expend funds or issue general obligation bonds for the payment of its
share of the cost of constructing, acquiring, furnishing, operating,
or maintaining a joint public building pursuant to subsection 1.
Section 28E.16 shall apply regarding a single election to be
authorized by the board of supervisors, city council, governing body
of a fire district, and board of directors of a school district, in
the event that a single bond issue throughout the overlapping or
contiguous areas, or noncontiguous cities located in the same county
or cities located in contiguous counties, is contemplated. If
separate bond issues are authorized by the governing body of a
county, city, fire district, or school district for its respective
share of the cost of the joint public building, the applicable
bonding provisions of chapters 74, 75, 296, 298, 331, 357B, 359, and
384 shall apply. With regard to any issuance of bonds pursuant to
this section, a proposition to authorize an issuance of bonds by a
county, city, fire district, or school district shall be deemed
carried or adopted if the vote in favor of the proposition is equal
to at least sixty percent of the vote cast for and against the
proposition in each participating county, city, fire district, or
school district.
b. Bonds shall not be issued by a county, city, fire
district, or school district until provision has been made by each of
the other participating counties, cities, fire districts, or school
districts to the agreement for the payment of their shares of the
cost of the joint public building. In the event that the cost of the
construction or acquisition, furnishing, operation, and maintenance
of the joint public building exceeds that which was originally
estimated and agreed to, the governing body of a county, city, fire
district, or school district shall have the authority, jointly or
individually, as appropriate, to expend additional moneys or issue
additional bonds to pay their respective portions of the increased
costs.
c. The governing body of a county, city, fire district, or
school district is authorized to enter into an agreement under this
section to construct, acquire, furnish, operate, or maintain the
public building which is the subject of the agreement for its own
purposes to the same extent and in the same manner as if the public
building were wholly owned by and devoted to the uses of the county,
city, fire district, or school district.
d. The authority granted to a county, city, fire district, or
school district pursuant to this section shall be in addition to, and
not in derogation of, any other powers conferred by law upon a
county, city, fire district, or school district to make agreements,
appropriate and expend moneys, and to issue bonds for the same or
similar purposes.
4. For purposes of this section, "fire district" means any
governmental entity which provides fire protection services. Section History: Recent Form
99 Acts, ch 145, §1