Text: HSB00008 Text: HSB00010 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.306A, Code 1997, is amended to 1 2 read as follows: 1 3 455B.306AANNEXATION OF TERRITORY – EXPANSION OF SERVICES1 4 DISPLACEMENT OF SERVICE BY CITY, COUNTY, OR PUBLIC AGENCY. 1 5 1. A city which annexes an area pursuant to chapter 368, 1 6 or a city, county, or public agency managing the waste 1 7 collection services for a city or county pursuant to chapter 1 8 28E which plans tooperatecommence operating or to expand 1 9 solid waste collection servicesintoin an area where the 1 10 collection of solid waste is presently being provided by a 1 11 private entity, shall notify the private entity by certified 1 12 mailat least sixty days before its annexation or expansionof 1 13 its intent to provide solid waste collection services in the 1 14 area. 1 15 2. A city shall not commence alternative solid waste 1 16 collection services in such an area forone yearfive years 1 17 from the effective date of the annexationor one year. A 1 18 city, county, or public agency shall not commence alternative 1 19 solid waste collection services in such an area for five years 1 20 from the effective date of the notice that the city, county, 1 21 or public agency intends tooperatecommence operating or to 1 22 expand solid waste collection services in the area, unless the 1 23 city, county, or public agency contracts with the private 1 24 entity to continue the services for that period. 1 25 3. A private entity providing solid waste collection 1 26 services pursuant to this section shall provide solid waste 1 27 collection services in the area in accordance with thecity's1 28 comprehensive plan of the city, county, or public agency. 1 29 4. As an alternative to delaying displacement five years, 1 30 a city, county, or public agency may pay a displaced company 1 31 an amount equal to the company's preceding twelve months' 1 32 gross receipts for the displaced services in the displacement 1 33 area. Such five-year period shall lapse as to any private 1 34 company being displaced when such company ceases to provide 1 35 services within the displacement area. 2 1 5. For purposes of this section, "displace" or 2 2 "displacement" means the provision by a city, county, or 2 3 public agency of services which results in prohibiting a 2 4 private company from providing the same or essentially the 2 5 same services that the private company is providing at the 2 6 time the decision to displace is made. "Displace" or 2 7 "displacement" does not mean any of the following: 2 8 a. Competition between the public sector and private 2 9 companies for individual contracts. 2 10 b. Situations where a city, county, or public agency, at 2 11 the end of a contract with a private company, does not renew 2 12 the contract and either awards the contract to another private 2 13 company or decides for any reason to provide such collection 2 14 services itself. 2 15 c. Situations where action is taken against a private 2 16 company because the company has acted in a manner threatening 2 17 the health and safety of citizens or resulting in a 2 18 substantial public nuisance. 2 19 d. Situations where action is taken against a private 2 20 company because the company has materially breached its 2 21 contract with the city, county, or public agency. 2 22 e. Situations where a private company refuses to continue 2 23 operations under the terms and conditions of its existing 2 24 agreement during the five-year notice period. 2 25 f. A city, county, or public agency entering into a 2 26 contract with a private company to provide solid waste 2 27 collection services so long as such contract is not entered 2 28 into pursuant to an ordinance which displaces or authorizes 2 29 the displacement of another private company providing solid 2 30 waste collection services at the time the contract is made. 2 31 g. Situations where at least fifty-five percent of the 2 32 property owners in the displacement area petition the 2 33 governing body to take over such solid waste collection 2 34 services. 2 35 EXPLANATION 3 1 This bill provides that a city, county, or public agency 3 2 may not displace a private company providing solid waste 3 3 collection services by annexing property, commencing new 3 4 services, or expanding services without deferring displacement 3 5 of the private company for five years after the private 3 6 company has been notified. As an alternative to the five-year 3 7 deferral, a city, county, or public agency may pay a displaced 3 8 private company an amount equal to the company's preceding 12 3 9 months' gross receipts for the provision of solid waste 3 10 collection services in the affected area. 3 11 LSB 1062HC 77 3 12 sc/sc/14
Text: HSB00008 Text: HSB00010 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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