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Chapter 407 Indebtedness and 408 Bonds Code of IowaCITIES AND TOWNS -INDEBTEDNESS [See note p. lli"_91, §407.4 CHAPTER 407 INDEBTEDNESS Referred to in 11330.7. 368.48, 390.13 ADDlicable to all clues and town' 4079 Questions submitted -manner of sub- yl;.l Limitation. hy;.2 Limitation. pr;:3 Purposes. Vy, 4 Application of limitation. p -5 Election required. initiation of proceedings. 07.7 Election called. 10;.5 Notice. 407.1 Limitation. No county or other politi- cal or municipal corporation shall become indebted in any o es to anner for amouits ntex nary exceeding in the aggregate one and one-fourth percent of the actual value of the taxable property within such corporation. The value of such property .hall be ascertained by the last tax list previ- ous to the incurring of the indebtedness. In- debtedness heretofore or hereafter incurred by a county for poor relief purposes shall not be construed or regarded as having been incurred for its general or ordinary purposes insofar as said indebtedness may be incurred solely for poor relief purposes. [S13,§1306-b; C24, 27, 31, S5, 39,§6235; C46, 50, 54, 58, 62, 66, 71,§407.11 Referred to in §§145A.18, 280A 20, 395.25, 395.35, 441.21 Constitutional limitation, Art. xI,§3 407.2 Limitation. No county, or other polit- ical or municipal corporation, shall become indebted in any manner, or for any purpose to an amount, in the aggregate, exceeding five percent of the actual value of the property within such county or corporation, to be ascer- tained by the last state and county tax lists previous to the incurring of such indebtedness. [C46, 50, 54,458, 62, 66, 71,§407.21 Referred to in §441.21 ch 220,§I9 Constitutionality, 49GA, 407.3 Purposes. Cities and towns when authorized to acquire the following named public utilities and other improvements may incur indebtedness for the purpose of: 1. Purchasing, erecting, extending, recon. structing, or maintaining and operating water- works, gasworks, electric light and power Plants , or the necessary transmission lines therefor, and heating plants. Referred to in §407.6(1) 2. Erecting and equipping community cen- ter houses and recreation grounds. 3. Acquiring lands and establishing, con- structing and equipping a recreation building, Juvenile playgrounds, swimming pools, and recreation centers thereon or on lands already owned or to be leased by the city or town. Referred to in 1401.6(1) remodeling, Or 4. Constructing, purchasing, Purchasing and remodeling city and town halls, mission. 407.10 Majorities required. 407.11 Limitation. 407.12 Issuance of bonds. 407.13 Maturity of bonds -interest. 407.14 Payment of bonds. 407.15 Construction. 407.16 Municipal auditorium improvements. jails, police stations, fire stations, or garages for the storage, repair and servicing of city or town motor vehicles and other equipment and acquiring sites therefor. 5. Erecting, purchasing, remodeling, or pur- chasing and remodeling a building or buildings and purchasing sites, books and other library materials, equipment, and furniture for a pub- lic library. 6. Purchasing sites for hospitals or sites with a building or buildings and ^^_^.'-'-"-= - or reconstructing buildings to be used for hospitals. Referred to in §407.6(1) 7. Purchasing or constructing dams across streams for any proper municipal purpose. 8. Purchasing sites for any of the public utilities and other improvements named in subsections 1 through 7 hereof. 9. Constructing, purchasing, repairing, im- proving, remodeling, enlarging, and equipping a building for use as a city or town hall, jail, police station, fire station, or library, or any combination of said uses, and procuring a site therefor. 1. [513,§1306-b; C24, 27, 31, 35, 39,§6239; C46,. 50, 54, 58, 62, 66, 71,§407.31 2. [C24, 27, 31, 35, 39,§6239; C46, 50, 54, 58, 62, 66, 719§407.31 3. [SS15,§879-s; C24, 27, 31, 35, 39,§6239; C46, 50, 54, 58, 62, 66. 71;§407.31 4. [SS15,§741-f; C24, 27, 31, 35, 39,§6239; C46, 50, 54, 58, 62, 66, 719§407.31 5. [C97,§732; 513,§732; C24, 27, 31, 35, 39,§6239; C46, 50, 54, 58, 62, 66, 71,§407.31 6. [513,§741-r; C24, 27, 31, 35, 39,§6239; C46, 50, 54, 58, 62, 66, 71,§407.31 7. [C27, 31, 35, 39,§6239; C46, 50, 54, 58, 62, 66, 71,§407.31 8. [C66, 71,§407.31 9. [C71,§407.31 Referred to in §§407.4, 407.6(1), 407.9 Subsection 2, Code 1966, repealed by 63GA, ch 1191,§16 407.4 Application of limitation. No indebt- edness for the extraordinary purposes men- tioned in section 407.3 shall be charged against §407.4, CITIES AND TOWNS -INDEBTEDNESS [See note p. 1629] or counted as a part of the one and one-fourth percent available for general ordinary pur- poses until the other three and three -fourths percent of the five percent of indebtedness per. mitted by statute has been exhausted.- [S13, §1306-b; C24, 27, 31, 35, 39,§6240; C46, 50, 54, 58, 62, 66, 71,§407.41 Constitutional provision, Art xI,j3 407.5 Election required. No such indebted- ness shall be incurred until authorized by an election. [C73,§461; C97,§727• 513,§§727, 741-r; SS15,§§696-b, 741-g, 879-r; C24, 27, 31, 35, 39, §6241; C46, 50, 54, 58, 62, 66, 71,§407.51 407.6 Initiation of proceedings. The pro- ceedings to call such an election may be insti- tuted by the council, except that before an election may be called for any of the following Purposes a petition shall be filed with the council, requesting that such action be taken: 1. For any of the purposes mentioned in subsections 1, 3, and 6 of section 407.3, the petition shall be signed by qualified electors of the city or town equal in number to twenty- five percent of those who voted at the last regular municipal election. 2. For the establishment of community cen- ter houses and recreation grounds, it shall be signed by fifteen percent of the resident free- holders of the district within which the same is to be constructed. 5C24 27 31, 35,39,§6242; C46350c54, 58568766,�71,§4076] 2. [C24, 27, 31, 35, 39,§6242; C46, 50, 54, 58, 62, 66, 71,§407.61 ;vI.e council on receipt Of I., calleu. Tn any such petition shall at the next regular meeting call a special election, fixing the time and place thereof, or may submit the proposi- tion as a special question at the next regular municipal election. The council may reject a Petition for a community center, or change the area of any district petitioned for. [513,§1306. d; C24, 27, 31, 35, 39,§6243 C46, 50, 54, 58, 62, 66, 71,§407.71 407.8 Notice. It shall give notice of any election held under the provisions of this chap. ter by publication once each week for three consecutive weeks in some newspaper pub- lished in the city or town, or if none be published therein, in a newspaper published in the county and of general circulation in the City or town. The election shall be held on a day not less than five nor more than twenty days after the last publication of notice. [513, §1306-d; SS15,§741-h; C24, 27, 31, 35, 39,§6244; C46, 50, 54, 58, 62, 66, 71,§407.81 407.9 Questions subndtted-manner of sub- mission. Each proposition mentioned in sec- tion 407.3 shall be submitted as a separate proposition; provided however, that a proposi- tion submitted pursuant to the provisions of section 407.3, subsection 9, contemplating any combination of the uses mentioned therein, 1824 1 1825 shall be submitted as and considered to be a separate and single proposition. More than one of such propositions may be so submitted at the same election, and as a part of each proposition so submitted there shall be stated on the ballot: The amount of indebtedness to be contracted, if any; the amount of bonds to be issued, if any; the annual rate of tax to be levied, if any, for the payment of such bonds and interest thereon. The form of the ballot shall be substantially as follows: Shall (Here name city or town) (Here state the particular proposition to be voted upon) and contract indebtedness for such purpose not exceeding $....... and issue bonds for such purpose not exceeding $....... and levy tax annually upon the taxable property in (Here name of YES ❑ City or town), not exceeding ...... mills per annum for the payment NO ❑ of such bonds and the interest thereon? [513,§1306-d; SS15,§§741-h, 879-r; C24, 27, 3135 39,§6245; C46, 50, 54, 58, 62, 66, 71,§407.91 , , 407.10 Majorities required. If the vote in favor of any such proposition is equal to at least sixty percent of the total vote cast for and against said proposition at said election. said proposition shallbe deemed carried and adopted, and the city or town shall be authorized to contract the indebtedness and issue the bonds and levy the tax as specified in said proposition. [C97,§727; 513,§§727, 741. q,-v, 1306-e; SS15,§§696-b, 741-g, 879-r; C24, 27, 31, 35, 39,§6246; C46, 50, 54, 58, 62, 66, 71,§407.101 Vote required to authorise bonds, 175.1 407.11 Limitation. If a question for the establishment of community center houses or juvenile playgrounds fails to secure the requi- site majority it shall not again be submitted at an election for two years. [SS15,§879-r; C24, 27, 31, 35, 39,§6247; C46, 50, 54, 58, 62, 66, 71, §407,111 407.12 Issuance of bonds. If the municipal. ity is authorized to incur the indebtedness, the council shall issue bonds and make provisions for the payment thereof with interest. [513, §§741-r,-v; SS15,§§696.b, 7414, 879-s; C24, 27, 31, 35, 39,§6248; C46, 50, 54, 58, 62, 66, 71,§407.12] 407.13 Maturity of bonds -interest. Bonds issued under the provisions of this chapter shall bear interest at the rate of not more than seven percent per annum and shall become due in not more than twenty years after issuance and may be issued serially. [C97,§726; 513. §§741-r, 1306-e; SS151§726; C24, 27, 31, 35, 39, §6249; C46, 50, 54, 58, 62, 66, 71,§407.131 maturity and payment of bonds, ch 76 See 63GA, eh 87,1 60 407.14 Payment of bonds. Bonds for gar• bage disposal plants shall be paid from the sanitation fund of the city or town, but other bonds shall be paid from the debt service fund. [C97,§881; 513,§741-q; SS15§881; C24, 27, 31, 35, 39,§6250, C46, 50, 54, 58, 62, 66, 71,§407.141 ERS! IB'3 CITIES AND TOWNS -BONDS [See note p. 16291, §4083 407.15 Construction. Nothing in this chap. ter shall be construed to repeal chapter 296 or 23 being applicable to bonds issued under Fection 398.6. [S13,§1306-f; C24, 27, 31, 35, 39, 16:51; C46, 50, 54, 58, 62, 66, 71,§407.15j 407.16 Municipal auditorium improvements. Any city or town that has heretofore estab- lished or hereafter establishes a municipal auditorium may thereafter acquire and con struct improvements and betterments thereto, including the installation of air conditioning facilities, and in order to pay the cost thereof may incur indebtedness and issue and sell its bonds when authorized at an election called by the council and held in the manner pre. scribed by this chapter. [C62, 66, 71,§407.161 CHAPTER 408 BONDS Referred to in 11357B.12, 869.45, 893.8, 399.7 ADD6esble to ell cities and towns 0 82 Form' . Funding. 108408.8 Delivery -cancellation -sale -proceeds. 408.4 .3 - 408.9 Taxes to pay. 408.4 Signing. 408.10 to 408.14 Repealed by 55GA, ch 194,§1. Resolution required. 408.15 Limitation of action. 408. 406 Registration. 408.16 Repealed by 55GA, ch 194,§2. 403.7 Sale or exchange. .E Monthly reports. 408.17 Street bonds and taxes. 408.1 Funding. Cities and towns may settle, adjust, renew, or extend the legal indebtedness they may have, or any part thereof, in the sum of one thousand dollars or upwards, whether evidenced by bonds, warrants, or judgments, and may fund or refund the same and issue coupon bonds therefor; but no bonds shall be Issued under this section for any other purpose than is above authorized. [C97,§905; C24, 27, 31, 3:i, 39,§6252; C46, 50, 54, 58, 62, 66, 71,§408.11 Maturity and payment of bonds, ch 76 408.2 Form. Such bonds shall be issued in sums of not less than one hundred dollars nor more than ten thousand dollars each, running not more than twenty years, bearing interest not exceeding seven percent per annum pay. able annually or semiannually, and shall be substantially in the following form, but sub- ject to changes that will conform them to the resolution of the council, to wit: The city (or town) of .................. in the state of Iowa, for value received promises to pay to bearer . dollars, lawful money of the United States of America, on the date hereof until paid at thearate uof fromper- cent per annum, payable ...... annuallyon the first day of and "ch year, on presentation and surrender of the Interest coupons hereto attached; both prin- cipal and interest payable at ................ This bond is issued by the city (or town) or of .•••....•..... pursuant to the provisions section ., chapter ... ., of the Code of Iowa, and in conformity to a resolution of the council of said city (or town) duly passed, nn the ..... day of ...... ............ And It Is hereby represented and certified that all things requisite according to the laws and Con,ctitntinn of the state of Iowa to be done precedent to the lawful issue of this bond have been performed as required by law, and that the total indebtedness of said city, includ. ing this bond, does not exceed the constitution- al or statutory limitations. In testimony whereof said city (or town) by its council has caused this bond to be signed by its mayor and attested by its auditor (or clerk), with the seal of said city (or town) at- tached, this ........ day of .................. .......................... Mayor of the city (or town).. Attest: of ....................... Clerk of the city (or town) of .......... (Form of Coupon.) The treasurer of the city (or town) of ..........I Iowa, will pay to bearer .......... dollars, on ............. at ............. for .......... annual interest on its ....... bond, dated .............. No. .............. Attest: .................................. Clerk of the city (or town) of ............... [C97,§906; C24, 27, 31, 35, 39,§6253; C46, 50, 54, 58, 62, 66, 71,§408.21 Referred to in 1420,158 See 63GA, eh 87,§60 408.3 Signing. Said bonds shall be num. bered consecutively, signed by the mayor, and attested by the auditor or clerk as the case may be, with the seal of the city (or town) affixed. The interest coupons attached thereto shall be attested by the signature of the clerk, or a facsimile thereof. [C97,§907; C24, 27, 31, 35, 39,§6254; C46, 50, 54, 58, 62, 66, 71,§ 108.3j