$28
123B.61 Purchase of certain equipment. The board of a district may issue general obligation certi
123B.61 Purchase of certain equipment.
The board of a district may issue general obligation
certificates of indebtedness or capital notes subject to the
district debt limits to: (a) purchase vehicles, computers,
telephone systems, cable equipment, photocopy and office
equipment, technological equipment for instruction, and other
capital equipment having an expected useful life at least as
long as the terms of the certificates or notes; (b) purchase
computer hardware and software, without regard to its expected
useful life, whether bundled with machinery or equipment or
unbundled, together with application development services and
training related to the use of the computer; and (c) prepay
special assessments. The certificates or notes must be payable
in not more than five years and must be issued on the terms and
in the manner determined by the board, except that certificates
or notes issued to prepay special assessments must be payable in
not more than 20 years. The certificates or notes may be issued
by resolution and without the requirement for an election. The
certificates or notes are general obligation bonds for purposes
of section 126C.55. A tax levy must be made for the payment of
the principal and interest on the certificates or notes, in
accordance with section 475.61, as in the case of bonds. The
sum of the tax levies under this section and section 123B.62 for
each year must not exceed the lesser of the amount of the
district's total operating capital revenue or the sum of the
district's levy in the general and community service funds
excluding the adjustments under this section for the year
preceding the year the initial debt service levies are
certified. The district's general fund levy for each year must
be reduced by the sum of (1) the amount of the tax levies for
debt service certified for each year for payment of the
principal and interest on the certificates or notes issued under
this section as required by section 475.61, (2) the amount of
the tax levies for debt service certified for each year for
payment of the principal and interest on bonds issued under
section 123B.62, and (3) any excess amount in the debt
redemption fund used to retire bonds, certificates, or notes
issued under this section or section 123B.62 after April 1,
1997, other than amounts used to pay capitalized interest. If
the district's general fund levy is less than the amount of the
reduction, the balance shall be deducted first from the
district's community service fund levy, and next from the
district's general fund or community service fund levies for the
following year. A district using an excess amount in the debt
redemption fund to retire the certificates or notes shall report
the amount used for this purpose to the commissioner by July 15
of the following fiscal year. A district having an outstanding
capital loan under section 126C.69 or an outstanding debt
service loan under section 126C.68 must not use an excess amount
in the debt redemption fund to retire the certificates or notes.
HIST: 1988 c 718 art 8 s 6; 1989 c 222 s 26; 1Sp1995 c 3 art 5
s 5; 1996 c 412 art 5 s 3; 1Sp1997 c 4 art 4 s 9; 1998 c 397 art
7 s 37,164; art 11 s 3; 1999 c 241 art 4 s 9; 2002 c 379 art 1 s
43