CHAPTER 263A MEDICAL AND HOSPITAL BUILDINGS AT UNIVERSITY OF IOWA
263A.1 DEFINITIONS.
263A.2 AUTHORIZATION OF GENERAL ASSEMBLY AND GOVERNOR.
263A.3 BONDS OR NOTES ISSUED.
263A.4 BONDS OR NOTES PROVISIONS.
263A.5 RESOLUTION ADOPTED -- TERMS AND CONDITIONS OF BONDS OR NOTES.
263A.6 RATES, FEES AND CHARGES FOR SERVICES.
263A.7 ACCOUNTS OF ALL FUNDS SEPARATE.
263A.8 NO OBLIGATION OF THE STATE ON BONDS OR NOTES.
263A.9 INVESTMENT IN BONDS OR NOTES BY FINANCIAL INSTITUTIONS.
263A.10 GIFTS, LOANS OR GRANTS ACCEPTED.
263A.11 REPORTS TO GENERAL ASSEMBLY.
263A.12 PROVISIONS INDEPENDENT OF ANY OTHER STATUTE.
263A.13 HOSPITAL REPORTS TO GENERAL ASSEMBLY.



        

263A.1 DEFINITIONS. The following words or terms, as used in this chapter, shall have the respective meanings as stated: 1. "Board" shall mean the state board of regents. 2. "Bonds or notes" shall mean revenue bonds or revenue notes which are payable solely and only from hospital income. 3. "Buildings and facilities" shall mean buildings to be used primarily for service, clinical instructional and clinical research purposes in the field of medicine with particular emphasis on the family practice of medicine and such other facilities as are deemed necessary by the board to support and carry out the service, instructional, and research objectives of the hospitals, medical clinics, and medical service laboratories of the institution, including, without limiting the generality of the foregoing, hospital buildings, clinic buildings, laboratory buildings, clinical staff facilities, building for housing interns, resident physicians and nurses, and medical record and film storage buildings, or any combination thereof. 4. "Hospital income" shall mean the income and funds received by the hospitals, medical service clinics, and medical service laboratories of the state University of Iowa, including the proceeds of rates, fees, and charges for services rendered by said hospitals, clinics, and laboratories, but excluding state appropriations to the institution. 5. "Institution" shall mean the state university of Iowa. 6. "Project" shall mean the acquisition by gift, purchase, lease, or construction of buildings and facilities and additions to such buildings and facilities, the reconstruction, completion, equipment, improvement, repair, or remodeling of buildings and facilities, including the demolition of existing buildings and facilities which are to be replaced, and the acquisition of property of every kind and description, whether real, personal or mixed, for buildings and facilities by gift, purchase, lease, condemnation, or otherwise and the improvement of the same or any combination of the foregoing.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 263A.1]
         Referred to in § 262A.2
        

263A.2 AUTHORIZATION OF GENERAL ASSEMBLY AND GOVERNOR. Subject to and in accordance with the provisions of this chapter, the state board of regents may undertake and carry out any project as defined in this chapter at the state university of Iowa. The state board of regents is authorized to operate, control, maintain, and manage buildings and facilities and additions to such buildings and facilities at said institution. All contracts for the construction, reconstruction, completion, equipment, improvement, repair, or remodeling of any buildings, additions, or facilities shall be let in accordance with the provisions of section 262.34. The title to all real estate acquired under the provisions of this chapter and the improvements erected thereon shall be taken and held in the name of the state of Iowa.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 263A.2] 

         Section History: Recent Form

         2002 Acts, ch 1119, §37; 2009 Acts, ch 173, §16, 36
        

263A.3 BONDS OR NOTES ISSUED. 1. The board is authorized to borrow money and to issue and sell negotiable bonds or notes to pay all or any part of the cost of carrying out any project at the institution and to refund and refinance bonds or notes issued for any project or for refunding purposes at the same rate or at a lower rate. The bonds or notes issued under this chapter may be sold at public sale as provided in chapter 75, but if the board finds it advisable and in the public interest to do so, such bonds or notes may be sold by the board at private sale without published notice of any kind and without regard to the requirements of chapter 75. Bonds or notes issued to refund other bonds or notes issued under the provisions of this chapter may either be sold in the manner specified in this chapter and the proceeds thereof applied to the payment of the obligations being refunded, or the refunding bonds or notes may be exchanged for and in payment and discharge of the obligations being refunded. The refunding bonds or notes may be sold or exchanged in installments at different times or an entire issue or series may be sold or exchanged at one time. Any issue or series of refunding bonds or notes may be exchanged in part or sold in parts in installments at different times or at one time. The refunding bonds or notes may be sold or exchanged at any time on, before, or after the maturity of any of the outstanding notes, bonds, or other obligations to be refinanced thereby and may be issued for the purpose of refunding a like or greater principal amount of bonds or notes, except that the principal amount of the refunding bonds or notes may exceed the principal amount of the bonds or notes to be refunded to the extent necessary to pay any premium due on the call of the bonds or notes to be refunded or to fund interest in arrears or about to become due. 2. All bonds or notes issued under the provisions of this chapter shall be payable solely and only from and shall be secured by an irrevocable pledge of a sufficient portion of the hospital income of the institution. All bonds or notes issued under the provisions of this chapter shall have all the qualities of negotiable instruments under the laws of this state.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 263A.3] 

         Section History: Recent Form

         2009 Acts, ch 173, §17, 36
        

263A.4 BONDS OR NOTES PROVISIONS. Such bonds or notes may bear such date or dates, may bear interest at such rate or rates, payable semiannually, may mature at such time or times, may be in such form and denominations, carry such registration privileges, may be payable at such place or places, may be subject to such terms of redemption prior to maturity with or without premium, if so stated on the face thereof, and may contain such terms and covenants, including the establishment of reserves, all as may be provided by this chapter, section 76.17, and the resolution of the board authorizing the issuance of the bonds or notes. In addition to the estimated cost of construction, including site costs, the cost of the project may include interest upon the bonds or notes during construction and for six months after the estimated completion date, the compensation of a fiscal agent or adviser, engineering, architectural, administrative, and legal expenses and provision for contingencies. Such bonds or notes shall be executed by the president of the state board of regents and attested by the executive director, secretary, or other official thereof performing the duties of executive director, and the coupons thereto attached shall be executed with the original or facsimile signatures of said president, executive director, secretary, or other official; provided, however, that the facsimile signature of either of such officers executing such bonds may be imprinted on the face of the bonds in lieu of the manual signature of such officer, but at least one of the signatures appearing on the face of each bond shall be a manual signature. Any bonds or notes bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding for all purposes, notwithstanding that before delivery thereof any or all such persons whose signatures appear thereon shall have ceased to be such officers. Each such bond or note shall state upon its face the name of the institution on behalf of which it is issued, that it is payable solely and only from hospital income received by such institution as provided in this chapter, and that it does not constitute a debt of or charge against the state of Iowa within the meaning or application of any constitutional or statutory limitation or provision. The issuance of such bonds or notes shall be recorded in the office of the treasurer of the institution, and a certificate by such treasurer to this effect shall be printed on the back of each such bond or note.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 263A.4] 

         Section History: Recent Form

         2006 Acts, ch 1051, §9; 2009 Acts, ch 173, §18, 36
        

263A.5 RESOLUTION ADOPTED -- TERMS AND CONDITIONS OF BONDS OR NOTES. Upon the determination by the state board of regents to undertake and carry out any project or to refund outstanding bonds or notes, said board shall adopt a resolution describing generally the contemplated project and setting forth the estimated cost thereof, or describing the obligations to be refunded, fixing the amount of bonds or notes to be issued, the maturity or maturities, the interest rate or rates, and all details in respect thereof. Such resolution shall contain such covenants as may be determined by the board as to the issuance of additional bonds or notes that may thereafter be issued payable from the hospital income received by the institution, the amendment or modification of the resolution authorizing the issuance of any bonds or notes, the manner, terms, and conditions and the amount or percentage of assenting bonds or notes necessary to effectuate such amendment or modification, and such other covenants as may be deemed necessary or desirable. In the discretion of the board, any bonds or notes issued under the terms of this chapter may be secured by a trust indenture by and between the board and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the boundaries of the state of Iowa, but no such trust indenture shall convey or mortgage the buildings and facilities or any part thereof. The provisions of this chapter and of any resolution or other proceedings authorizing the issuance of bonds or notes and providing for the establishment and maintenance of adequate rates, fees, and charges for services rendered by the hospitals, medical clinics, and medical laboratories of the institution and the application of the proceeds thereof, together with other hospital income, shall constitute a contract with the holders of such bonds or notes.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 263A.5]
        

263A.6 RATES, FEES AND CHARGES FOR SERVICES. Whenever bonds or notes are issued by the state board of regents, it shall be the duty of said board to establish, impose, and collect rates, fees, and charges for services rendered by the hospitals, medical clinics, and medical laboratories of the institution and to adjust such rates, fees, and charges from time to time, in order to always provide amounts which, together with other hospital income, will be sufficient to pay the principal of and interest on such bonds or notes as the same become due and to maintain a reserve therefor, and said board is authorized to pledge a sufficient amount of the hospital income received by such institution for this purpose. All bonds or notes issued under the terms of this chapter shall be exempt from taxation by the state of Iowa and the interest thereon shall be exempt from the state income tax.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 263A.6]
        

263A.7 ACCOUNTS OF ALL FUNDS SEPARATE. A certified copy of each resolution providing for the issuance of bonds or notes under this chapter shall be filed with the treasurer of the institution and it shall be the duty of said treasurer to keep and maintain separate accounts for each issue of bonds or notes in accordance with the covenants and directions set out in the resolution providing for the issuance thereof. A sufficient portion of the hospital income received by the institution shall be held in trust by the treasurer thereof, separate and apart from all other funds, to be used solely and only for the purposes specified in this chapter and as may be required and provided for by the proceedings of the board authorizing the issuance of bonds or notes. It shall be the duty of the treasurer of the institution to disburse funds from the proper account for the payment of the principal of and interest on the bonds or notes in accordance with the directions and covenants of the resolution authorizing the issuance thereof. If the amount of bonds or notes issued under this chapter exceeds the actual costs of the projects for which the bonds or notes were issued, the amount of the difference shall be used to pay the principal and interest due on bonds or notes issued under this chapter.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 263A.7] 

         Section History: Recent Form

         87 Acts, ch 233, §470
        

263A.8 NO OBLIGATION OF THE STATE ON BONDS OR NOTES. Under no circumstances shall any bonds or notes issued under the terms of this chapter be or become or be construed to constitute a debt of or a charge against the state of Iowa within the purview of any constitutional or statutory limitation or provision. No taxes, or other funds of the state of Iowa appropriated to the institution may be pledged for or used to pay such bonds or notes or the interest thereon but any such bonds or notes shall be payable solely and only as to both principal and interest from the hospital income received by the institution as hereinbefore provided, and the sole remedy for any breach or default of the terms of any such bonds or notes or proceedings for their issuance shall be a proceeding either in law or in equity by suit, action, or mandamus to enforce and compel performance of the duties required by this chapter and the terms of the resolution under which such bonds or notes are issued.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 263A.8]
        

263A.9 INVESTMENT IN BONDS OR NOTES BY FINANCIAL INSTITUTIONS. All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking or investment business, all insurance companies, insurance associations, and other persons carrying on an insurance business and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or notes issued pursuant to this chapter; provided, however, that nothing contained in this section may be construed as relieving any persons from any duty of exercising reasonable care in selecting securities for purchase or investment.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 263A.9]
        

263A.10 GIFTS, LOANS OR GRANTS ACCEPTED. The state board of regents is authorized to apply for and accept federal or nonfederal gifts, loans, or grants of funds and to use the same to pay all or any part of the cost of carrying out any project at the institution under the terms of this chapter or to pay any bonds or notes and interest thereon issued for any of the purposes specified in this chapter.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 263A.10]
        

263A.11 REPORTS TO GENERAL ASSEMBLY. Repealed by 2005 Acts, ch 179, § 160.

263A.12 PROVISIONS INDEPENDENT OF ANY OTHER STATUTE. This chapter shall be construed as providing an alternative and independent method for carrying out any project related to the medical school and any project related to the hospital at the institution, for the issuance and sale or exchange of bonds or notes in connection therewith, and for refunding bonds or notes pertinent thereto, without reference to any other statute, and shall not be construed as an amendment of or subject to the provisions of any other law, and no publication of any notice, whether under section 73A.12 or otherwise, and no other or further proceedings in respect to the issuance or sale or exchange of bonds or notes under this chapter shall be required except such as are prescribed by this chapter, any provisions of other statutes of the state to the contrary notwithstanding.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 263A.11] 

         Section History: Recent Form

         C87, § 263A.12
        

263A.13 HOSPITAL REPORTS TO GENERAL ASSEMBLY. The university of Iowa hospitals and clinics shall compile and transmit to the general assembly the following information by December 15 of each fiscal year: 1. Revenue from all income sources, by source, including but not limited to state appropriations, other state funds, tuition income, patient charges, payments from political subdivisions, interest income, and gifts, and grants from public and private sources. 2. Expenditures by program and revenue source. 3. Net revenue over spending from hospital operations, including the method used to calculate the results. The legislative services agency shall develop forms for collecting the information required in this subparagraph.

         Section History: Recent Form

         89 Acts, ch 319, §68; 2003 Acts, ch 35, §45, 49

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