Section 15.20. Limitations on amount of local indebtedness; exclusions of certain indebtedness  


Latest version.
  • a. The provisions  of  section  104.00  of  this  chapter  shall  be  applicable  in  relation  to the powers of counties,
      cities, towns, villages and  school  districts  in  cities  to  contract
      indebtedness,  and  the  powers of other school districts to issue bonds
      and bond anticipation notes, in connection with a joint service or joint
      water, sewage or drainage project; provided, however, that the amount of
      the joint indebtedness of any such municipal corporation or municipality
      therefor shall not  exceed  the  amount  allocated  and  apportioned  as
      provided  in  or  pursuant  to  the  provisions of section 15.10 of this
      chapter.
        b. In ascertaining the power of a county, city,  town  or  village  to
      contract  indebtedness,  there  shall be excluded any joint indebtedness
      and any several indebtedness contracted to provide  for  the  supply  of
      water.   Any such indebtedness for such purpose shall not be excluded in
      ascertaining the power of any school district to contract  indebtedness.
      The  provisions  of  paragraph  c  of  this  section  shall not apply to
      indebtedness contracted to provide for the supply of water.
        c. In ascertaining the power of a county, city,  town  or  village  to
      contract  indebtedness there shall be excluded any joint indebtedness or
      several indebtedness contracted or proposed to be contracted for a joint
      service, other than a joint sewage or drainage project,  to  the  extent
      permitted  by  paragraph  C  of  section  five  of  article eight of the
      constitution, as implemented by section  123.00  of  this  chapter.  The
      provisions of this paragraph shall not be deemed to affect or impair any
      other existing exclusions of indebtedness granted by any other provision
      of  this chapter or the constitution. Any such municipal corporation, or
      all of such municipal corporations, participating in  a  joint  service,
      other  than  a  joint sewage or drainage project, may apply to the state
      comptroller for a conclusive determination of the amount or  amounts  of
      any  such  indebtedness contracted or proposed to be contracted for such
      joint service to be excluded  pursuant  to  the  provisions  of  section
      123.00  of  this  chapter.  The  provisions  of such section, other than
      subdivision two of paragraph b thereof, shall be applicable in  relation
      to  any such application, and the procedural provisions thereof shall be
      liberally construed to effectuate  the  provisions  of  paragraph  C  of
      section  five  of  article  eight of the constitution.  Where there is a
      joint application and the fiscal years of the municipal corporations are
      not the same, the term "preceding fiscal year,  "  as  used  in  section
      123.00,  shall, for the purposes of this section, mean "preceding year."
      If an application is not  made  jointly  by  all  of  the  chief  fiscal
      officers  of the participating municipal corporations, written notice of
      such application shall be given, prior to the filing of the  application
      with  the  state  comptroller,  to  the  chief  fiscal  officer  of each
      participating municipal corporation not joining in such application.  In
      the  case  of  a  joint  application the notice required to be published
      under the provisions of paragraph h of section 123.00 shall be published
      in the official newspaper or newspapers of  each  of  the  participating
      municipal  corporations, or if there be no such newspaper or newspapers,
      then in one or  more  newspapers  having  general  circulation  in  such
      municipal  corporations  as  the  finance boards shall designate, except
      that where any newspaper  is  the  official  newspaper  of  all  of  the
      participating   municipal   corporations,   or  is  the  only  newspaper
      designated  by  the  finance  boards  as  a  newspaper  having   general
      circulation in all of the participating municipal corporations, only one
      notice  need  be published in any such newspaper. Where there is a joint
      application in relation to a joint service which has been  in  operation
      for one year, and the fiscal years of the municipal corporations are not
    
      the  same,  the  certificate of the state comptroller shall be effective
      only until the first day of the fourth month following the close of  the
      year of operation described in the application.
        d.   In   ascertaining   the  power  of  a  municipality  to  contract
      indebtedness there shall be excluded  all  or  any  part  of  the  joint
      indebtedness  or  several  indebtedness  contracted  or  proposed  to be
      contracted for a joint sewage or drainage project the amount or  amounts
      of  which  shall  be determined conclusively by the state comptroller in
      the same manner as provided in paragraph c of this section, except that,
      in any  proceeding  under  this  paragraph,  any  requirement  that  the
      improvement,  or part thereof, or service shall have yielded net revenue
      during the preceding fiscal year or preceding year in  a  sum  equal  to
      twenty-five  per  centum or more of the amount required in such year for
      the payment of the interest  on  an  amortization  of,  or  payment  of,
      indebtedness,  as set forth in subdivisions one and three of paragraph b
      and in subdivision two of paragraph c of section 123.00,  shall  not  be
      applicable.