House
File
307
-
Enrolled
House
File
307
AN
ACT
RELATING
TO
THE
PROCEDURES
FOR
GRANTING
A
WATERWORKS
OR
SEWER
SERVICES
FRANCHISE
BY
A
CITY
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
364.2,
subsection
4,
paragraphs
a
and
b,
Code
2017,
are
amended
to
read
as
follows:
a.
A
city
may
grant
to
any
person
a
franchise
to
erect,
maintain,
and
operate
plants
and
systems
for
electric
light
and
power,
heating,
telegraph,
cable
television,
district
telegraph
and
alarm,
motor
bus,
trolley
bus,
street
railway
or
other
public
transit,
waterworks,
sewer
services,
or
gasworks,
within
the
city
for
a
term
of
not
more
than
twenty-five
years.
When
considering
whether
to
grant,
amend,
extend,
or
renew
a
franchise,
a
city
shall
hold
a
public
hearing
on
the
question.
Notice
of
the
time
and
place
of
the
hearing
shall
be
published
as
provided
in
section
362.3
.
The
franchise
may
be
granted,
amended,
extended,
or
renewed
only
by
an
ordinance,
but
no
exclusive
franchise
shall
be
granted,
amended,
extended,
or
renewed.
b.
Such
an
ordinance
shall
not
become
effective
unless
approved
at
an
election.
The
proposal
may
be
submitted
by
the
council
on
its
own
motion
to
the
voters
at
any
city
election.
Upon
receipt
of
a
valid
petition
as
defined
in
section
362.4
requesting
that
a
proposal
be
submitted
to
the
voters,
the
council
shall
submit
the
proposal
at
the
next
House
File
307,
p.
2
regular
city
election
or
at
a
special
election
called
for
that
purpose
before
the
next
regular
city
election.
However,
the
city
council
may
dispense
with
such
election
as
to
the
grant,
amendment,
extension,
or
renewal
of
an
electric
light
and
power,
heating,
waterworks,
sewer
services
under
section
357A.23,
or
gasworks
franchise
unless
there
is
a
valid
petition
requesting
submission
of
the
proposal
to
the
voters,
or
the
party
seeking
such
franchise,
grant,
amendment,
extension,
or
renewal
requests
an
election.
If
a
majority
of
those
voting
approves
the
proposal,
the
city
may
proceed
as
proposed.
The
complete
text
of
the
ordinance
shall
be
included
on
the
ballot
if
conventional
paper
ballots
are
used.
If
an
optical
scan
voting
system
is
used,
the
proposal
shall
be
stated
on
the
optical
scan
ballot,
and
the
full
text
of
the
ordinance
posted
for
the
voters
pursuant
to
section
52.25
.
All
absentee
voters
shall
receive
the
full
text
of
the
ordinance.
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
JACK
WHITVER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
307,
Eighty-seventh
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2017
______________________________
TERRY
E.
BRANSTAD
Governor