Section 15.10. Allocation of indebtedness  


Latest version.
  • a. Several indebtedness and joint
      indebtedness  contracted  or  incurred  for  a  joint service or a joint
      water,  sewage  or  drainage  project  shall  be   included   as   gross
      indebtedness  in  the  debt  statement  of  the municipal corporation or
      municipality which has contracted or incurred such indebtedness,  except
      that  such  indebtedness  contracted  or  incurred by a school district,
      other than a school district in a city, shall not be included unless  it
      is  evidenced  by  bonds  or  bond  anticipation notes or is included as
      indebtedness of a merged or annexed school district pursuant to  section
      121.00 of this chapter.
        b.  The  amount of joint indebtedness which is to be included as gross
      indebtedness  in  the  debt  statement  of  a  participating   municipal
      corporation  or  municipality  shall  not  exceed  the  amount  of  such
      indebtedness allocated and apportioned to such municipal corporation  in
      the  bond resolution or note resolution authorizing such indebtedness to
      be contracted. In the case of other joint indebtedness for such a  joint
      service  or  joint water, sewage or drainage project arising out of real
      property liabilities and contract liabilities, the amount thereof to  be
      included  as  gross  indebtedness in a debt statement of a participating
      municipal corporation or municipality shall not  exceed  the  amount  of
      such  indebtedness  required  to  be  allocated  and apportioned to such
      municipal corporation in the agreement of  the  participating  municipal
      corporations in relation to such joint service. Where the agreement does
      not provide for any such allocation and apportionment, or in the case of
      involuntary   joint   indebtedness,  the  amount  to  be  allocated  and
      apportioned to a participating  municipal  corporation  or  municipality
      shall be in the same proportion as the full valuation of the real estate
      subject to taxation or assessment for such joint service or joint water,
      sewage or drainage project by such municipal corporation or municipality
      bears  to  the  full valuation of the real estate subject to taxation or
      assessment  by  all  of  the  participating  municipal  corporations  or
      municipalities  for such joint service or project. Full valuations shall
      be  determined  by  applying  to  the  latest  assessed  valuation   the
      appropriate state equalization rate established on the same period price
      level. Where such rate has not been established on the same period price
      level  for all participants, application may be made to the state office
      of real property services for the establishment of  a  special  rate  or
      rates  as  so required and such office shall have power to establish the
      same, which special rate or rates shall then be  used.  The  amounts  of
      joint  indebtedness so allocated and apportioned shall not exceed in the
      aggregate the total amount of such joint indebtedness.
        c. The agreement between the participating municipal corporations  and
      municipalities  may  provide  for  apportionment and allocation of joint
      indebtedness on a ratio of full valuations of  real  property  or  on  a
      basis  of the amount of services rendered or to be rendered, or benefits
      received or conferred or to be received or conferred, or  on  any  other
      equitable basis.
        d.  Any  allocation  and apportionment of joint indebtedness which has
      been contracted or incurred or which is proposed  to  be  contracted  or
      incurred   shall  be  conclusive  if  made  or  approved  by  the  state
      comptroller.   The application to the state  comptroller  for  any  such
      allocation  and apportionment may be made on behalf of the participating
      municipal corporations or municipalities by the finance  boards  thereof
      acting  jointly  or  by the chief fiscal officers thereof acting jointly
      upon the direction of such finance boards, or by the  finance  board  of
      any  such  participating  municipal  corporation  or municipality or the
      chief fiscal officer thereof upon the direction of such  finance  board.
      The  application  shall be verified by the finance board or boards or by
    
      the chief fiscal officer or officers making the application. It shall be
      in such form and shall contain such information as shall  be  prescribed
      by  the state comptroller. If the application is not made by the finance
      boards  or  by  the  chief  fiscal  officers of all of the participating
      municipal  corporations  or  municipalities,  written  notice  of   such
      application  shall  be  given  to  the chief fiscal officer of any other
      participating municipal corporation or municipality prior to the  filing
      of the application with the state comptroller.
        e.  If  the application to the state comptroller is for the allocation
      or apportionment of existing  or  proposed  indebtedness  exceeding  one
      hundred  thousand  dollars  in  amount,  then within five days after the
      filing of such application with the state comptroller, the chief  fiscal
      officer  or  chief  fiscal officers of the applicant or applicants shall
      cause a notice to be published that such application has been filed with
      the state comptroller. Such notice shall be published in accordance with
      the provisions of paragraph c of section  15.20  of  this  chapter.  The
      notice  also  shall  contain  a  description of the existing or proposed
      indebtedness sought to be allocated and apportioned and  the  nature  of
      the joint service or joint water, sewage or drainage project in relation
      to  which  such existing or proposed indebtedness is to be contracted or
      incurred.  Proof of publication of such notice shall  be  filed  in  the
      office  of  the  state comptroller. A copy of the application and of all
      data and information which will be submitted to the state comptroller in
      support of such application shall be filed in the office or  offices  of
      such  chief  fiscal officer or chief fiscal officers and shall be public
      records.
        f. After the filing of the application, the  state  comptroller  shall
      review  the  facts  set forth therein. Notwithstanding the provisions of
      paragraph e of this section, the state comptroller may require notice of
      the application to be  published  in  any  such  proceeding.  The  state
      comptroller  shall have power to examine the accounts and records of the
      municipal corporations or  municipalities  with  respect  to  the  joint
      service  or joint water, sewage or drainage project concerning which the
      application is made. He may also require the chief  fiscal  officer  and
      other public officers, boards and agencies of the municipal corporations
      or   municipalities   involved  to  furnish  such  additional  data  and
      information in their possession as he deems necessary to enable  him  to
      make his determination.
        g.  The  state  comptroller  shall issue a written certificate setting
      forth his determination as to how such existing or proposed indebtedness
      should be allocated  and  apportioned.  The  certificate  of  the  state
      comptroller  shall not be issued until ten days after the filing of such
      application or proof of publication of the notice of  such  application,
      whichever  date is the later, and the certificate shall be issued within
      forty-five  days  after  such  filing.  The  certificate  of  the  state
      comptroller  shall be executed under his hand and seal. Such certificate
      shall be filed in the department of  audit  and  control  and  duplicate
      certificates  shall  be  executed  under  the hand and seal of the state
      comptroller and filed in the offices of the  chief  fiscal  officers  of
      each of the participating municipal corporations or municipalities.