§ 297.36 — Loan agreements

Iowa § 297.36

• Jurisdiction: Iowa
• Title VII: EDUCATION, HISTORY, AND CULTURE
• Ch. 297: SCHOOLHOUSES AND SCHOOLHOUSE SITES

Text

1. a. In order to make immediately available proceeds of the voter-approved physical
plant and equipment levy which has been approved by the voters as provided in section
298.2, the board of directors may, with or without notice, borrow money and enter into loan
agreements in anticipation of the collection of the tax with a bank, investment banker, trust
company, insurance company, or insurance group.
b. By resolution, the board shall provide for an annual levy which is within the limits of
the voter-approved physical plant and equipment levy to pay for the amount of the principal
andinterestdueeachyearuntilmaturity. Theboardshallfileacertifiedcopyoftheresolution
with the auditor of each county in which the district is located. The filing of the resolution
with the auditor makes it the duty of the auditor to annually levy the amount certified for
collection until funds are realized to repay the loan and interest on the loan in full.
c. The loan must mature within the period of time authorized by the voters and shall bear
interest at a rate which does not exceed the limits under chapter 74A. A loan agreement
entered into pursuant to this section shall be in a form as the board of directors shall by
resolution provide and the loan shall be payable as to both principal and interest from the
proceeds of the annual levy of the voter-approved physical plant and equipment levy, or so
much thereof as will be sufficient to pay the loan and interest on the loan.
d. The proceeds of a loan must be deposited in the physical plant and equipment levy
fund. Warrants paid from this fund must be for purposes authorized for the voter-approved
physical plant and equipment levy.
2. This section does not limit the authority of the board of directors to levy the full amount
of the voter-approved physical plant and equipment levy, but if and to whatever extent the
tax is levied in any year in excess of the amount of principal and interest falling due in that
year under a loan agreement, the first available proceeds, to an amount sufficient to meet
maturing installments of principal and interest under the loan agreement, shall be paid into
the debt service fund for the loan before the taxes are otherwise made available to the school
corporation for other school purposes, and the amount required to be annually set aside to
pay principal of and interest on the money borrowed under the loan agreement constitutes
a first charge upon the proceeds of the voter-approved physical plant and equipment levy,
which tax shall be pledged to pay the loan and the interest on the loan.
3. This section is supplemental and in addition to existing statutory authority to finance
the purposes specified in section 298.2 for the physical plant and equipment levy, and for
the borrowing of money and execution of loan agreements in connection with that section,
and is not subject to any other law. The fact that a school corporation may have previously
borrowed money and entered into loan agreements under authority of this section does not
prevent the school corporation from borrowing additional money and entering into further
loanagreementsiftheaggregateoftheamountpayableunderalloftheloanagreementsdoes
not exceed the proceeds of the voter-approved physical plant and equipment levy.