28J.16 - RENTALS OR CHARGES FOR USE OR SERVICES OF FACILITIES -- AGREEMENTS WITH GOVERNMENTAL AGENCIES.
28J.16 RENTALS OR CHARGES FOR USE OR SERVICES OF
FACILITIES -- AGREEMENTS WITH GOVERNMENTAL AGENCIES.
1. a. A port authority may charge, alter, and collect rental
fees or other charges for the use or services of any port authority
facility and contract for the use or services of a facility, and fix
the terms, conditions, rental fees, or other charges for the use or
services.
b. If the services are furnished in the jurisdiction of the
port authority by a utility company or a common carrier, the port
authority's charges for the services shall not be less than the
charges established for the same services furnished by a utility
company or common carrier in the port authority jurisdiction.
c. The rental fees or other charges shall not be subject to
supervision or regulation by any other authority, commission, board,
bureau, or governmental agency of the state and the contract may
provide for acquisition of all or any part of the port authority
facility for such consideration payable over the period of the
contract or otherwise as the port authority determines to be
appropriate, but subject to the provisions of any resolution
authorizing the issuance of port authority revenue bonds or any trust
agreement securing the bonds.
d. A governmental agency that has power to construct,
operate, and maintain a port authority facility may enter into a
contract or lease with a port authority for the use or services of a
port authority facility as may be agreed to by the port authority and
the governmental agency.
2. a. A governmental agency may cooperate with the port
authority in the acquisition or construction of a port authority
facility and shall enter into such agreements with the port authority
as may be appropriate, which shall provide for contributions by the
parties in a proportion as may be agreed upon and other terms as may
be mutually satisfactory to the parties including the authorization
of the construction of the facility by one of the parties acting as
agent for all of the parties and the ownership and control of the
facility by the port authority to the extent necessary or
appropriate.
b. A governmental agency may provide funds for the payment of
any contribution required under such agreements by the levy of taxes
or assessments if otherwise authorized by the laws governing the
governmental agency in the construction of the type of port authority
facility provided for in the agreements, and may pay the proceeds
from the collection of the taxes or assessments; or the governmental
agency may issue bonds or notes, if authorized by law, in
anticipation of the collection of the taxes or assessments, and may
pay the proceeds of the bonds or notes to the port authority pursuant
to such agreements.
c. A governmental agency may provide the funds for the
payment of a contribution by the appropriation of moneys or, if
otherwise authorized by law, by the issuance of bonds or notes and
may pay the appropriated moneys or the proceeds of the bonds or notes
to the port authority pursuant to such agreements.
3. When the contribution of any governmental agency is to be made
over a period of time from the proceeds of the collection of special
assessments, the interest accrued and to accrue before the first
installment of the assessments is collected, which is payable by the
governmental agency on the contribution under the terms and
provisions of the agreements, shall be treated as part of the cost of
the improvement for which the assessments are levied, and that
portion of the assessments that is collected in installments shall
bear interest at the same rate as the governmental agency is
obligated to pay on the contribution under the terms and provisions
of the agreements and for the same period of time as the contribution
is to be made under the agreements. If the assessment or any
installment thereof is not paid when due, it shall bear interest
until the payment thereof at the same rate as the contribution and
the county auditor shall annually place on the tax list and duplicate
the interest applicable to the assessment and the penalty thereon as
otherwise authorized by law.
4. A governmental agency, pursuant to a favorable vote in an
election regarding issuing bonds to provide funds to acquire,
construct, or equip, or provide real estate and interests in real
estate for a port authority facility, whether or not the governmental
agency at the time of the election had the authority to pay the
proceeds from the bonds or notes issued in anticipation of the bonds
to the port authority as provided in this section, may issue such
bonds or notes in anticipation of the issuance of the bonds and pay
the proceeds of the bonds or notes to the port authority in
accordance with an agreement with the port authority; provided, that
the legislative authority of the governmental agency finds and
determines that the port authority facility to be acquired or
constructed in cooperation with the governmental agency will serve
the same public purpose and meet substantially the same public need
as the facility otherwise proposed to be acquired or constructed by
the governmental agency with the proceeds of the bonds and notes. Section History: Recent Form
2005 Acts, ch 150, §104
Referred to in § 28J.9