Text: SSB00256 Text: SSB00258 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 364.2, subsection 4, paragraphs a and 1 2 b, Code 1995, are amended to read as follows: 1 3 a. A city may grant to any person a franchise to erect, 1 4 maintain, and operate plants and systems for electric light 1 5 and power, heating, telephone, telegraph, cable television, 1 6 district telegraph and alarm, motor bus, trolley bus, street 1 7 railway or other public transit, waterworks, or gasworks, 1 8 within the city for a term of not more than twenty-five years. 1 9 The franchise may be granted, amended, extended, or renewed 1 10 only by an ordinance, but no exclusive franchise shall be 1 11 granted, amended, extended, or renewed. A city may amend a 1 12 granted franchise to include an area annexed into the city by 1 13 ordinance without an election under paragraph "b". 1 14 b.No suchAn ordinance other than an ordinance under 1 15 paragraph "a" shall not become effective unless approved at an 1 16 election. The proposal may be submitted by the council on its 1 17 own motion to the voters at any city election. Upon receipt 1 18 of a valid petition as defined in section 362.4 requesting 1 19 that a proposal be submitted to the voters, the council shall 1 20 submit the proposal at the next regular city election or at a 1 21 special election called for that purpose before the next 1 22 regular city election. If a majority of those votingapproves1 23 approve the proposal the city may proceed as proposed. The 1 24 complete text of the ordinance shall be included on the 1 25 ballot, if paper ballots are used. If an electronic voting 1 26 system or voting machine is used, the proposal shall be stated 1 27 on the ballot and the full text of the ordinance posted for 1 28 the voters pursuant to section 52.25. All absentee voters 1 29 shall receive the full text of the ordinance. 1 30 Sec. 2. Section 476.26, Code 1995, is amended to read as 1 31 follows: 1 32 476.26 EFFECT OF INCORPORATION, ANNEXATION OR 1 33 CONSOLIDATION. 1 34TheExcept as provided in section 476.27, the inclusion by 1 35 incorporation, consolidation, or annexation of any facilities 2 1 or service area of an electric utility within the boundaries 2 2 of any city shall not by such inclusion impair or affect in 2 3 any respect the rights of the electric utility to continue to 2 4 provide electric utility service and to extend service to 2 5 prospective customers in accordance with the provisions of 2 6 this division. 2 7 Sec. 3. NEW SECTION. 476.27 CHANGE OF SERVICE BOUNDARIES 2 8 &endash; ANNEXED AREAS. 2 9 1. The boundary of an exclusive service area of an 2 10 electric utility may be modified if a city which owns and 2 11 operates an electric utility and provides retail electric 2 12 service to the public annexes area beyond the exclusive 2 13 services area of its city electric utility after January 1, 2 14 1976, and the ordinance providing for the annexation provides 2 15 that the annexing city has developed a plan and has 2 16 established a definite policy to provide city services to the 2 17 area to be annexed. The city electric utility may petition 2 18 the board to change the exclusive service area of the city 2 19 utility to include the annexed area. If, upon notice and 2 20 after hearing, the board decides that it is in the public 2 21 interest for the city electric utility to provide service to 2 22 the annexed area, it shall order the exclusive service area of 2 23 the city electric utility to be modified to include the 2 24 annexed area. The city electric utility shall have the right 2 25 to provide service in the annexed area. The board order is 2 26 enforceable in court pending an appeal of that order. A 2 27 person appealing a court order enforcing a board order issued 2 28 under this section shall not be entitled to a stay of the 2 29 court order pending appeal. 2 30 2. For purposes of this section, in determining public 2 31 interest, the board shall consider any relevant factors, 2 32 including, but not limited to, the following: 2 33 a. Preference of owners, occupiers, and consumers in the 2 34 annexed area. 2 35 b. Ability of the electric utility to serve the annexed 3 1 area. 3 2 c. Other utility services to be supplied in the annexed 3 3 area. 3 4 d. Proximity and capability of the service repair 3 5 facilities of the electric suppliers involved. 3 6 e. Appropriateness of utility facilities considering the 3 7 type of facilities, age of facilities, and needs of customers. 3 8 f. Preference of local government officials. 3 9 3. If a modification of an exclusive service area is 3 10 ordered by the board, all of the electric utility property of 3 11 the electric utility which provided retail electric service to 3 12 the annexed service area shall be acquired at a reasonable 3 13 price which may include a percentage of the lost marginal 3 14 profits from the newly assigned service area for a period not 3 15 to exceed five years. If the parties do not agree on the 3 16 amount the acquiring electricity supplier is to pay, the board 3 17 shall determine the amount and order its payment. 3 18 EXPLANATION 3 19 This bill authorizes the modification of boundaries of 3 20 exclusive city electric utility service areas in order to 3 21 include annexed areas of a city. The bill provides that an 3 22 exclusive service area may be modified if a city which 3 23 provides retail electric service to the public annexes area 3 24 after January 1, 1976, and the annexing ordinance provids that 3 25 the city intends to provide city services to the annexed area. 3 26 The city electric utility may petition the county board of 3 27 supervisors to include the annexed area in the city utility's 3 28 service area. The board must provide notice and a public 3 29 hearing and may modify the boundary to include the annexed 3 30 area if it is in the public interest. 3 31 The bill lists several factors for the board to consider in 3 32 order to determine public interest. 3 33 The bill allows for the city electric utility to acquire 3 34 the property of the former electric utility at a reasonable 3 35 price. If the parties cannot agree on an amount, the board is 4 1 required to determine the amount and order payment. 4 2 LSB 2275SC 76 4 3 js/cf/24
Text: SSB00256 Text: SSB00258 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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