Bill Text: IA HF307 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the procedures for granting a waterworks or sewer services franchise by a city and including effective date provisions. (Formerly HSB 59.) Effective 4-12-17.

Spectrum: Committee Bill

Status: (Passed) 2017-04-12 - Signed by Governor. H.J. 1007. [HF307 Detail]

Download: Iowa-2017-HF307-Enrolled.html

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House File 307 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON LOCAL
                                  GOVERNMENT

                              (SUCCESSOR TO HSB 59)
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                                   A BILL FOR
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                                         House File 307

                             AN ACT
 RELATING TO THE PROCEDURES FOR GRANTING A WATERWORKS OR
    SEWER SERVICES FRANCHISE BY A CITY AND INCLUDING EFFECTIVE
    DATE PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 364.2, subsection 4, paragraphs a and b,
 Code 2017, are amended to read as follows:
    a.  A city may grant to any person a franchise to erect,
 maintain, and operate plants and systems for electric light
 and power, heating, telegraph, cable television, district
 telegraph and alarm, motor bus, trolley bus, street railway or
 other public transit, waterworks, sewer services, or gasworks,
 within the city for a term of not more than twenty=five years.
 When considering whether to grant, amend, extend, or renew a
 franchise, a city shall hold a public hearing on the question.
 Notice of the time and place of the hearing shall be published
 as provided in section 362.3. The franchise may be granted,
 amended, extended, or renewed only by an ordinance, but no
 exclusive franchise shall be granted, amended, extended, or
 renewed.
    b.  Such an ordinance shall not become effective unless
 approved at an election. The proposal may be submitted
 by the council on its own motion to the voters at any city
 election. Upon receipt of a valid petition as defined in
 section 362.4 requesting that a proposal be submitted to the
 voters, the council shall submit the proposal at the next
 regular city election or at a special election called for
 that purpose before the next regular city election. However,
 the city council may dispense with such election as to the
 grant, amendment, extension, or renewal of an electric light
 and power, heating, waterworks, sewer services under section
 357A.23, or gasworks franchise unless there is a valid petition
 requesting submission of the proposal to the voters, or the
 party seeking such franchise, grant, amendment, extension, or
 renewal requests an election. If a majority of those voting
 approves the proposal, the city may proceed as proposed. The
 complete text of the ordinance shall be included on the ballot
 if conventional paper ballots are used. If an optical scan
 voting system is used, the proposal shall be stated on the
 optical scan ballot, and the full text of the ordinance posted
 for the voters pursuant to section 52.25. All absentee voters
 shall receive the full text of the ordinance.
    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
 immediate importance, takes effect upon enactment.


                                                                                            LINDA UPMEYER


                                                                                            JACK WHITVER


                                                                                            CARMINE BOAL


                                                                                            TERRY E. BRANSTA

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