Bill Text: IA SSB1159 | 2017-2018 | 87th General Assembly | Introduced
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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-23 - Subcommittee Meeting: 03/01/2017 11:00AM Room 206 (Cancelled) [SSB1159 Detail]
Download: Iowa-2017-SSB1159-Introduced.html
Senate
Study
Bill
1159
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
GARRETT)
A
BILL
FOR
An
Act
relating
to
the
procedures
for
granting
a
waterworks
or
1
sewer
services
franchise
by
a
city
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
364.2,
subsection
4,
paragraphs
a
and
b,
1
Code
2017,
are
amended
to
read
as
follows:
2
a.
A
city
may
grant
to
any
person
a
franchise
to
erect,
3
maintain,
and
operate
plants
and
systems
for
electric
light
4
and
power,
heating,
telegraph,
cable
television,
district
5
telegraph
and
alarm,
motor
bus,
trolley
bus,
street
railway
or
6
other
public
transit,
waterworks,
sewer
services,
or
gasworks,
7
within
the
city
for
a
term
of
not
more
than
twenty-five
years.
8
When
considering
whether
to
grant,
amend,
extend,
or
renew
a
9
franchise,
a
city
shall
hold
a
public
hearing
on
the
question.
10
Notice
of
the
time
and
place
of
the
hearing
shall
be
published
11
as
provided
in
section
362.3
.
The
franchise
may
be
granted,
12
amended,
extended,
or
renewed
only
by
an
ordinance,
but
no
13
exclusive
franchise
shall
be
granted,
amended,
extended,
or
14
renewed.
15
b.
Such
an
ordinance
shall
not
become
effective
unless
16
approved
at
an
election.
The
proposal
may
be
submitted
17
by
the
council
on
its
own
motion
to
the
voters
at
any
city
18
election.
Upon
receipt
of
a
valid
petition
as
defined
in
19
section
362.4
requesting
that
a
proposal
be
submitted
to
the
20
voters,
the
council
shall
submit
the
proposal
at
the
next
21
regular
city
election
or
at
a
special
election
called
for
22
that
purpose
before
the
next
regular
city
election.
However,
23
the
city
council
may
dispense
with
such
election
as
to
the
24
grant,
amendment,
extension,
or
renewal
of
an
electric
light
25
and
power,
heating,
waterworks,
sewer
services
under
section
26
357A.23,
or
gasworks
franchise
unless
there
is
a
valid
petition
27
requesting
submission
of
the
proposal
to
the
voters,
or
the
28
party
seeking
such
franchise,
grant,
amendment,
extension,
or
29
renewal
requests
an
election.
If
a
majority
of
those
voting
30
approves
the
proposal,
the
city
may
proceed
as
proposed.
The
31
complete
text
of
the
ordinance
shall
be
included
on
the
ballot
32
if
conventional
paper
ballots
are
used.
If
an
optical
scan
33
voting
system
is
used,
the
proposal
shall
be
stated
on
the
34
optical
scan
ballot,
and
the
full
text
of
the
ordinance
posted
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for
the
voters
pursuant
to
section
52.25
.
All
absentee
voters
1
shall
receive
the
full
text
of
the
ordinance.
2
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
3
immediate
importance,
takes
effect
upon
enactment.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
Current
Code
section
364.2
authorizes
cities
to
grant,
8
by
ordinance,
franchises
for
certain
specified
functions
and
9
services
undertaken
within
the
city.
Such
franchises
may
be
10
granted
for
a
term
of
not
more
than
25
years.
This
bill
adds
11
sewer
services
to
the
list
of
functions
and
services
for
which
12
a
city
may
grant
a
franchise.
13
An
ordinance
granting
a
franchise
does
not
become
effective
14
until
approved
at
election.
A
city
may,
however,
dispense
with
15
such
election
as
to
the
grant,
amendment,
extension,
or
renewal
16
of
an
electric
light
and
power,
heating,
or
gasworks
franchise
17
unless
there
is
a
valid
petition
requesting
submission
of
the
18
proposal
to
the
voters,
or
the
party
seeking
such
franchise,
19
grant,
amendment,
extension,
or
renewal
requests
an
election.
20
This
bill
adds
a
sewer
services
franchise
granted
under
21
Code
section
357A.23
and
a
waterworks
franchise
to
the
list
of
22
franchises
for
which
the
election
is
not
required
unless
there
23
is
a
valid
petition
or
request
from
the
party
seeking
such
24
franchise,
grant,
amendment,
extension,
or
renewal.
25
The
bill
takes
effect
upon
enactment.
26
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