Bill Text: IA SSB1244 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to special assessments for the cost of public improvements and the collection of connection fees for the connection of property to certain city utilities.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-03-20 - Subcommittee recommends passage. [SSB1244 Detail]
Download: Iowa-2019-SSB1244-Introduced.html
Senate
Study
Bill
1244
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
FEENSTRA)
A
BILL
FOR
An
Act
relating
to
special
assessments
for
the
cost
of
public
1
improvements
and
the
collection
of
connection
fees
for
the
2
connection
of
property
to
certain
city
utilities.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
384.37,
subsection
19,
paragraph
b,
Code
1
2019,
is
amended
to
read
as
follows:
2
b.
Drainage
conduits,
channels
,
and
levees
,
and
storm
water
3
culverts
.
4
Sec.
2.
Section
384.37,
subsections
22
and
23,
Code
2019,
5
are
amended
to
read
as
follows:
6
22.
“Sewer”
means
structures
designed,
constructed
,
and
used
7
for
the
purpose
of
controlling
or
carrying
off
streams,
surface
8
waters,
storm
water,
waste
,
or
sanitary
sewage.
9
23.
“Sewer
systems”
are
composed
of
the
main
sewers,
sewage
10
pumping
stations,
treatment
and
disposal
plants,
lateral
11
sewers,
drainage
conduits
or
channels
,
storm
water
culverts,
12
and
sanitary
and
storm
sewer
connections
in
public
streets
for
13
private
property.
14
Sec.
3.
Section
384.37,
Code
2019,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
25A.
“Time
of
development”
means
the
17
earliest
of
the
following,
as
applicable:
18
a.
Recording
of
a
subdivision
plat
pursuant
to
chapter
354.
19
b.
Submission
for
approval
of
a
site
plan
of
the
property.
20
c.
Issuance
of
a
building
permit
for
the
property.
21
Sec.
4.
Section
384.38,
subsection
3,
paragraph
a,
Code
22
2019,
is
amended
to
read
as
follows:
23
a.
A
city
may
establish,
by
ordinance
or
by
resolution
24
adopted
as
an
ordinance
after
twenty
days’
notice
published
25
in
accordance
with
section
362.3
,
and
a
public
hearing,
one
26
or
more
districts
and
schedules
of
fees
for
the
connection
of
27
property
to
the
city
sanitary
sewer
or
water
utility
,
or
for
28
the
conveyance
of
storm
water
from
the
property
by
the
city
29
storm
water
sewer
utility
.
If
the
governing
body
directs
that
30
notice
be
made
by
mail,
the
notice
shall
be
as
required
in
31
section
384.50
.
Each
person
whose
property
will
be
served
by
32
connecting
to
the
city
sanitary
sewer
or
water
utility
or
who
33
will
be
served
by
the
storm
water
sewer
utility
shall
pay
a
34
connection
fee
to
the
city.
The
ordinance
shall
be
certified
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by
the
city
and
recorded
in
the
office
of
the
county
recorder
1
of
the
county
in
which
a
district
is
located.
The
sanitary
2
sewer
or
water
utility
connection
fees
are
due
and
payable
when
3
a
utility
connection
application
is
filed
with
the
city.
The
4
storm
water
sewer
utility
connection
fee
is
due
and
payable
5
at
the
time
of
development.
A
connection
fee
may
include
the
6
equitable
cost
of
extending
the
utility
to
the
properties
7
or
the
equitable
cost
of
providing
the
infrastructure
to
8
facilitate
the
conveyance
of
storm
water
from
the
properties
,
9
including
reasonable
interest
from
the
date
of
construction
to
10
the
date
of
payment.
All
fees
collected
under
this
subsection
11
shall
be
paid
to
the
city
treasurer.
The
moneys
collected
12
as
fees
shall
only
be
used
for
the
purposes
of
operating
13
the
utility,
or
to
pay
debt
service
on
obligations
issued
to
14
finance
improvements
or
extensions
to
the
utility.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
Code
chapter
384,
subchapter
IV,
authorizes
a
city
to
assess
19
to
private
property
within
the
city
the
cost
of
construction
20
and
repair
of
public
improvements
within
the
city,
and
main
21
sewers,
sewage
pumping
stations,
disposal
and
treatment
plants,
22
waterworks,
water
mains,
extensions,
and
drainage
conduits
23
extending
outside
the
city.
This
bill
modifies
the
definition
24
of
“public
improvement”
to
include
storm
water
culverts.
The
25
bill
modifies
the
definition
of
“sewer”
to
include
structures
26
designed,
constructed,
and
used
for
the
purpose
of
controlling
27
or
carrying
off
storm
water.
The
bill
modifies
the
definition
28
of
“sewer
systems”
to
include
storm
water
culverts,
and
29
specifies
sewer
connections
to
include
sanitary
and
storm
water
30
sewer
connections.
31
Current
law
provides
cities
the
authority
to
establish,
32
by
ordinance
after
notice
and
a
public
hearing,
one
or
33
more
districts
and
schedules
of
fees
for
the
connection
of
34
property
to
the
city
sewer
or
water
utility.
Each
person
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whose
property
will
be
served
by
connecting
to
the
city
sewer
1
or
water
utility
is
required
to
pay
a
connection
fee
to
the
2
city
when
the
application
for
connection
is
filed.
Current
3
law
specifies
that
a
connection
fee
may
include
the
equitable
4
cost
of
extending
the
utility
to
the
properties,
including
5
reasonable
interest
from
the
date
of
construction
to
the
date
6
of
payment.
The
bill
adds
the
equitable
cost
of
providing
the
7
infrastructure
to
facilitate
the
conveyance
of
storm
water
from
8
the
properties
to
the
types
of
costs
that
may
be
included
as
9
part
of
the
connection
fee.
10
The
bill
authorizes
cities
to
establish
districts
and
11
schedules
of
fees
for
the
conveyance
of
storm
water
from
12
property
by
the
storm
water
sewer
utility.
The
storm
water
13
sewer
utility
connection
fee
is
due
and
payable
at
the
time
of
14
development,
as
defined
in
the
bill.
15
By
operation
of
law,
the
bill
applies
to
the
authority
16
of
sanitary
districts
under
Code
chapter
358
to
establish
17
connection
fees.
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