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Senate Study Bill 81

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 392.1, Code 1995, is amended to read as
  1  2 follows:
  1  3    392.1  ESTABLISHMENT BY ORDINANCE.
  1  4    If the council wishes to establish an administrative
  1  5 agency, it shall do so by an ordinance which indicates the
  1  6 title, powers, and duties of the agency, the method of
  1  7 appointment or election, qualifications, compensation, and
  1  8 term of members, and other appropriate matters relating to the
  1  9 agency.  The title of an administrative agency must be
  1 10 appropriate to its function.  The council may not delegate to
  1 11 an administrative agency any of the powers, authorities, and
  1 12 duties prescribed in division V of chapter 384 or in chapter
  1 13 388, except that and the council may delegate to an
  1 14 administrative agency power to establish and collect charges,
  1 15 and disburse the moneys received for the use of a city
  1 16 facility, including a city enterprise, as defined in section
  1 17 384.24, so long as there are no if the delegation to an
  1 18 administrative agency is strictly subject to the limitations
  1 19 imposed by the revenue bonds or pledge orders outstanding
  1 20 which are payable from the revenues of the city enterprise.
  1 21 Except as otherwise provided in this chapter, the council may
  1 22 delegate rule-making authority to the agency for matters
  1 23 within the scope of the agency's powers and duties, and may
  1 24 prescribe penalties for violation of agency rules which have
  1 25 been adopted by ordinance.  Rules governing the use by the
  1 26 public of any city facility must be made readily available to
  1 27 the public.  
  1 28                           EXPLANATION
  1 29    This bill authorizes a city council the option of
  1 30 delegating the authority to issue revenue bonds to an
  1 31 administrative agency of the city or keeping the power with
  1 32 the city council.  The city council may also delegate its
  1 33 powers and authority relating to the operation of a combined
  1 34 utility system pursuant to chapter 388.  The delegation of
  1 35 power would recognize restrictions or limitations imposed by
  2  1 outstanding revenue bonds or pledge orders.  
  2  2 LSB 1721SC 76
  2  3 tj/jj/8
     

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