Bill Text: IA SF456 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the governing of certain water utilities and including effective date provisions. (Formerly SSB 1146.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-01-10 - Subcommittee: Zumbach, Kinney, and Rozenboom. S.J. 84. [SF456 Detail]
Download: Iowa-2017-SF456-Introduced.html
Senate File 456 - Introduced SENATE FILE BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 1146) (COMPANION TO HF 484 BY COMMITTEE ON AGRICULTURE) A BILL FOR 1 An Act relating to the governing of certain water utilities and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2070SV (2) 87 aw/rn/rj PAG LIN 1 1 Section 1. NEW SECTION. 388.12 Water utility board 1 2 discontinuance and dissolution ==== governing body provisions. 1 3 1. Notwithstanding the provisions of section 388.2 to 1 4 the contrary, upon the effective date of this Act, the board 1 5 of water works trustees of a water utility in cities in a 1 6 statistical area described in subsection 5, with a population 1 7 greater than thirty=nine thousand as determined by the most 1 8 recent federal decennial census, shall be discontinued, 1 9 dissolved, and shall cease to be the governing body of the 1 10 water utility and the city councils of the cities described 1 11 in this subsection shall thereafter be the governing bodies 1 12 of the water utilities and the city councils of the cities 1 13 shall have all the powers and authorities of the city with 1 14 respect to the acquisition by purchase, condemnation, or 1 15 otherwise lease, sale, or other disposition of the property and 1 16 facilities of the water utility, and the management, control, 1 17 and operation of all facets of the water utility, subject to 1 18 the requirements, terms, covenants, conditions, and provisions 1 19 of any resolutions authorizing the issuance of revenue bonds, 1 20 pledge orders, or other obligations which are payable from the 1 21 revenues of the water utility which are then outstanding. Any 1 22 property not held in the name of the city as required under 1 23 section 388.4, subsection 2, shall be retitled in the name of 1 24 the appropriate city as soon as legally practicable. 1 25 2. The city managers employed by the city councils that 1 26 set the compensation of the members of a board of a water 1 27 utility under this section shall designate the administrator 1 28 of a department or administrative division of that city to be 1 29 the manager of the water supply system in that city subject 1 30 to the approval of the city council. The administrator 1 31 designated under this subsection shall not be considered a 1 32 civil service employee under section 400.17 and shall serve 1 33 under the control and direction of the city manager of that 1 34 city. The administrator may be terminated at will, subject to 1 35 any contract in place on the effective date of this Act. 2 1 3. On and after the effective date of this Act and 2 2 continuing until January 1, 2018, a water utility of any city 2 3 subject to this section is prohibited from expending any moneys 2 4 or staff time to plan, design, or construct any new water 2 5 plant or other water=producing facility other than a facility 2 6 currently under contract for construction or a distribution 2 7 facility that will transport water but not produce water. 2 8 4. Notwithstanding any provision of this section to the 2 9 contrary, no provision or application of this section shall 2 10 in any manner restrict or otherwise impair a water utility 2 11 from performing its obligations and complying with the terms, 2 12 conditions, covenants, requirements, restrictions of federal 2 13 or state laws, regulations, or rules, bond resolutions, 2 14 obligations, or agreements relating to outstanding indebtedness 2 15 of the water utility, existing chapter 28E agreements and 2 16 contracts, including without limitation contracts related to 2 17 the operations, maintenance, repair, or improvements of the 2 18 water utility. 2 19 5. For the purposes of this section, "water utility" means 2 20 a city utility that provides water services, that is located in 2 21 a federally designated standard metropolitan statistical area 2 22 that has a population greater than five hundred thousand, as 2 23 shown by the most recent federal decennial census, and that is 2 24 located entirely within the state. 2 25 Sec. 2. SEVERABILITY. If any word, phrase, clause, 2 26 sentence, paragraph, or provision of this Act or the 2 27 application of such to any person or circumstance is declared 2 28 invalid, illegal, or unenforceable, or unconstitutional for any 2 29 reason, the remaining provisions or applications of this Act 2 30 shall not be affected by such declaration and to this end, the 2 31 provisions of this Act are severable. 2 32 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 2 33 immediate importance, takes effect upon enactment. 2 34 EXPLANATION 2 35 The inclusion of this explanation does not constitute agreement with 3 1 the explanation's substance by the members of the general assembly. 3 2 This bill relates to the governing of certain water 3 3 utilities by requiring the discontinuance and dissolution 3 4 of the board of trustees for certain water works upon the 3 5 effective date of the bill. The bill provides that such boards 3 6 of trustees shall cease to be the governing body of the water 3 7 utility and provides that the city councils of certain cities 3 8 described in the bill shall be the governing bodies of such 3 9 water utilities. 3 10 The bill provides that the city councils of such cities 3 11 shall have all the powers and authorities of the city with 3 12 respect to the acquisition by purchase, condemnation, or 3 13 otherwise lease, sale, or other disposition of the property and 3 14 facilities of the water utility, and the management, control, 3 15 and operation of all facets of the water utility, subject to 3 16 the requirements, terms, covenants, conditions, and provisions 3 17 of any resolutions authorizing the issuance of revenue bonds, 3 18 pledge orders, or other obligations which are payable from the 3 19 revenues of the water utility which are then outstanding. The 3 20 bill also requires the retitling of certain real property. 3 21 The bill requires that city managers of such cities 3 22 designate a manager of the water supply system for each city, 3 23 subject to the approval of the relevant city council. A water 3 24 utility, under the bill, is prohibited from making certain 3 25 expenditures from the effective date of the bill until January 3 26 1, 2018. 3 27 The bill specifies that no provision or application of the 3 28 bill shall in any manner restrict or otherwise impair a water 3 29 utility from performing its obligations and complying with the 3 30 terms, conditions, covenants, requirements, restrictions of 3 31 federal or state laws, regulations, or rules, bond resolutions, 3 32 obligations or agreements relating to outstanding indebtedness 3 33 of the water utility, existing Code chapter 28E agreements and 3 34 contracts, including without limitation contracts related to 3 35 the operations, maintenance, repair, or improvements of such a 4 1 water utility. The bill also specifies that the provisions of 4 2 the bill are severable. 4 3 The bill takes effect upon enactment. LSB 2070SV (2) 87 aw/rn/rj
