Text: SF02348 Text: SF02350 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 306.19, subsection 6, Code Supplement 1 2 1995, is amended to read as follows: 1 3 6. If the agency determines that it is necessary to 1 4 relocatean interstate hazardous liquid pipeline as defined by1 5the federal Hazardous Liquid Pipeline Safety Act of 1979, 491 6U.S.C. } 2001, et seq.a utility facility, the agency shall 1 7 have the authority to institute and maintain proceedings on 1 8 behalf of thepipeline companyowner of the utility facility 1 9 for the condemnation of replacement property rights. The 1 10 replacement property rights shall be equal in substance to the 1 11pipeline company'sexisting rights of the owner of the utility 1 12 facility, except that if the issue of width was not addressed, 1 13 the replacement property rights shall be for a width and 1 14 location deemed appropriate and necessary for the needs of the 1 15pipeline companyowner of the utility facility, as determined 1 16 by the agency. The replacement property rights of the 1 17pipeline companyowner of the utility facility shall be 1 18 subordinate to the rights of the agency only to the extent 1 19 necessary for the construction and maintenance of the 1 20 designated road. Within a reasonable time after completion of 1 21 thepipeline replacementrelocation, all previously owned 1 22 property rights of thepipeline companyowner of the utility 1 23 facility no longer required for operation and maintenance of 1 24 thepipelineutility facility shall be released or conveyed to 1 25 the appropriate parties. The authority of the agency under 1 26 this subsection may only be exercised upon execution of a 1 27 relocation agreement between the agency and thepipeline1 28companyowner of the utility facility. For purposes of this 1 29 subsection, "utility facility" means an electric, gas, water, 1 30 steam power, or materials transmission or distribution system; 1 31 a transportation system; a communications system, including 1 32 cable television; and fixtures, equipment, or other property 1 33 associated with the operation, maintenance, or repair of the 1 34 system. A utility facility may be publicly, privately, or 1 35 cooperatively owned. 2 1 Sec. 2. Section 314.9, Code 1995, is amended to read as 2 2 follows: 2 3 314.9 ENTERING PRIVATELANDPROPERTY. 2 4 The agency in control ofanya highwayor highway system or2 5the engineer, or any other authorized person employed by said2 6agency,may after thirty days' written notice by restricted 2 7 certified mail addressed to the owner and also to the 2 8 occupant, enter upon privatelandproperty for the purpose of 2 9 making surveys, soundings, drillings, appraisals, and 2 10 examinations asitthe agency deems appropriate or necessary 2 11 to determine the advisability or practicability of locating 2 12 and constructing a highwaythereonon the property or for the 2 13 purpose of determining whether gravel or other material exists 2 14 onsaid landthe property of suitable quality and in 2 15 sufficient quantity to warrant the purchase or condemnation of 2 16said land or part thereofthe property.SuchThe entry, after2 17notice,shall not be deemed a trespass, and the agency may be 2 18 aided by injunction to insure peaceful entry. The agency 2 19 shall pay actual damages caused bysuchthe entry, surveys, 2 20 soundings, drillings, appraisals, or examinations. 2 21 Any damage caused bysuchthe entry, surveys, soundings, 2 22 drillings, appraisals, or examinations shall be determined by 2 23 agreement or in the manner provided for the award of damages 2 24 in condemnation oflandthe property for highway purposes.No2 25such soundingsSoundings or drillings shall not be done within 2 26twenty rodsfifty feet of the dwelling house or buildingson2 27said landwithout written consent of the owner. 2 28 Sec. 3. Section 321.285, subsection 6, Code 1995, is 2 29 amended to read as follows: 2 30 6. Notwithstanding any other speed restrictions, the speed 2 31 limit for all vehicular traffic on fully controlled-access, 2 32 divided, multilaned highways including the national system of 2 33 interstate highways designated by the federal highway 2 34 administration and this state (23 U.S.C. } 103 (e)) is sixty- 2 35 five miles per hour. However, the department or cities with 3 1 the approval of the department may establish a lower speed 3 2 limit upon such highways located within the corporate limits 3 3 of a city. For the purposes of this subsection a fully 3 4 controlled-access highway is a highway that gives preference 3 5 to through traffic by providing access connections with 3 6 selected public roads only and by prohibiting crossings at 3 7 grade or direct private driveway connections. A minimum speed 3 8of forty miles per hour, road conditions permitting, ismay be 3 9 established by the department on the highways referred to in 3 10 this subsection if warranted by engineering and traffic 3 11 investigations. 3 12 It is further provided that any kind of vehicle, implement, 3 13 or conveyance incapable of attaining and maintaining a speed 3 14 of forty miles per hour shall be prohibited from using the 3 15 interstate system. 3 16 Sec. 4. NEW SECTION. 573.15A EARLY RELEASE OF RETAINED 3 17 FUNDS. 3 18 Notwithstanding section 573.14, a public corporation may 3 19 release retained funds upon completion of ninety-five percent 3 20 of the contract in accordance with the following: 3 21 1. Any person, firm, or corporation who has, under 3 22 contract with the principal contractor or with subcontractors, 3 23 performed labor, or furnished materials, service, or 3 24 transportation, in the construction of the public improvement, 3 25 may file with the public corporation an itemized, sworn, 3 26 written statement of the claim for the labor, or materials, 3 27 service, or transportation. The claim shall be filed with the 3 28 public corporation either before the expiration of the thirty 3 29 days after completion of ninety-five percent of the contract 3 30 or at any time after the thirty-day period if the public 3 31 corporation has not paid the full contract price and no action 3 32 is pending to adjudicate rights in and to the unpaid portion 3 33 of the contract price. 3 34 2. The fund, as provided in section 573.13, shall be 3 35 retained by the public corporation for a period of thirty days 4 1 after ninety-five percent of the contract has been completed. 4 2 If at the end of the thirty-day period, a claim has been 4 3 filed, in accordance with this section, the public corporation 4 4 shall continue to retain from the unpaid funds, a sum equal to 4 5 double the total amount of all claims on file. The remaining 4 6 balance of the unpaid fund, or if there are no claims on file, 4 7 the entire unpaid fund, may be released and paid to the 4 8 contractor. 4 9 3. The public corporation, the principal contractor, or 4 10 any claimant for labor or materials, service, or 4 11 transportation, who has filed a claim or the surety on any 4 12 bond given for performance of the contract, at any time after 4 13 the expiration of thirty days, and not later than sixty days 4 14 after the completion of ninety-five percent of the contract, 4 15 may bring an action in equity in the county where the public 4 16 improvement is located to determine rights to moneys contained 4 17 in the fund or to enforce liability on the bond. The action 4 18 shall be brought in accordance with sections 573.16 through 4 19 573.18, with the completion of ninety-five percent of the 4 20 contract taking the place of the date of final acceptance. 4 21 4. A public corporation that releases funds at the 4 22 completion of ninety-five percent of the contract, in 4 23 accordance with this section, shall not be required to retain 4 24 additional funds. 4 25 EXPLANATION 4 26 The amendment to section 306.19 gives the state department 4 27 of transportation authority to institute and maintain 4 28 proceedings on behalf of the owner of a utility facility for 4 29 the condemnation of replacement property rights when the 4 30 construction or maintenance of a road requires condemnation of 4 31 the property on which the utility facility is located. The 4 32 replacement rights must be equal to the existing rights that 4 33 the owner of the utility facility possessed. "Utility 4 34 facility" is defined in the bill to mean any electric, gas, 4 35 water, steam power, or materials transmission or distribution 5 1 system; a transportation system; a communications system, 5 2 including cable television; and fixtures, equipment, or other 5 3 property associated with the operation, maintenance, or repair 5 4 of the system. A utility facility may be publicly, privately, 5 5 or cooperatively owned. 5 6 Section 314.9 currently allows the agency in control of any 5 7 highway to enter onto private property for the purpose of 5 8 making surveys, soundings, drillings, appraisals, and 5 9 examination of property to determine the practicability and 5 10 advisability of constructing a highway or determining whether 5 11 gravel or other materials exist on the property of sufficient 5 12 quantity to warrant the purchase of the property. This bill 5 13 amends the prohibition on sounding and drilling from within 20 5 14 rods, which is equivalent to 330 feet of the dwelling house or 5 15 building to within 50 feet of the dwelling house or building 5 16 without the written consent of the property owner. 5 17 The bill allows the state department of transportation to 5 18 establish a minimum speed limit on certain highways as 5 19 warranted by engineering and traffic investigations. 5 20 This bill creates new section 573.15A which establishes a 5 21 procedure for the release of retained funds by a public 5 22 corporation to a contractor after completion of 95 percent of 5 23 the work contracted for a public improvement. The section 5 24 provides that a person, firm, or corporation who has, under 5 25 contract with the principal contractor or with subcontractors, 5 26 performed labor, or furnished materials, service, or 5 27 transportation, in the construction of the public improvement, 5 28 may file a claim with the public corporation for the labor, or 5 29 materials, service, or transportation. The fund shall be 5 30 retained by the public corporation for a period of 30 days 5 31 after 95 percent of the contract has been completed. If at 5 32 the end of the 30-day period, a claim has been filed, the 5 33 public corporation must retain from the unpaid funds, a sum 5 34 equal to double the total amount of all claims on file. The 5 35 remaining balance of the unpaid fund, or if there are no 6 1 claims on file, the entire unpaid fund, may then be released 6 2 and paid to the contractor. The public corporation, the 6 3 principal contractor, or any claimant for labor or materials, 6 4 service, or transportation who has filed a claim or the surety 6 5 on any bond given for performance of the contract, at any time 6 6 after the expiration of 30 days, and not later than 60 days 6 7 after the completion of 95 percent of the contract, may bring 6 8 an action in equity in the county where the public improvement 6 9 is located to determine rights to moneys contained in the fund 6 10 or to enforce liability on the bond. 6 11 LSB 3282SV 76 6 12 js/cf/24
Text: SF02348 Text: SF02350 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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