Senate File 362 - Introduced





                                       SENATE FILE       
                                       BY  COMMITTEE ON ENVIRONMENT
                                           AND ENERGY INDEPENDENCE

                                       (SUCCESSOR TO SSB 1273)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act authorizing cities to establish storm water drainage
  2    system utility districts for purposes of special assessments.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2084SV 83
  5 md/sc/8

PAG LIN



  1  1    Section 1.  Section 384.38, subsection 3, Code 2009, is
  1  2 amended to read as follows:
  1  3    3.  A city may establish, by ordinance or by resolution
  1  4 adopted as an ordinance after twenty days' notice published in
  1  5 accordance with section 362.3, and a public hearing, one or
  1  6 more districts and schedules of fees for the connection of
  1  7 property to the city sewer utility, or water utility, or storm
  1  8 water drainage system utility.  If the governing body directs
  1  9 that notice be made by mail, the notice shall be as required
  1 10 in section 384.50.  Each person whose property will be served
  1 11 by connecting to the city sewer utility, or water utility, or
  1 12 storm water drainage system utility shall pay a connection fee
  1 13 to the city.  The ordinance shall be certified by the city and
  1 14 recorded in the office of the county recorder of the county in
  1 15 which a district is located.  The connection fees are due and
  1 16 payable when a utility connection application is filed with
  1 17 the city.  A connection fee may include the equitable cost of
  1 18 extending the utility to the properties, including reasonable
  1 19 interest from the date of construction to the date of payment.
  1 20 All fees collected under this subsection shall be paid to the
  1 21 city treasurer.  The moneys collected as fees shall only be
  1 22 used for the purposes of operating the utility, or to pay debt
  1 23 service on obligations issued to finance improvements or
  1 24 extensions to the utility.
  1 25    This subsection shall not apply when a city annexation plan
  1 26 includes annexation of an area adjoining the city and a
  1 27 petition has not been presented as provided in section 384.41
  1 28 for a city sewer utility, or water utility, or storm water
  1 29 drainage system utility connection.  Until annexation takes
  1 30 place, or the annexation plan is abandoned, the state mandate
  1 31 contained in section 455B.172, subsections 3, 4, and 5, shall
  1 32 not apply unless the individual property owner voluntarily
  1 33 pays the connection fee and requests to be connected to the
  1 34 city sewer utility, or water utility, or storm water drainage
  1 35 system utility.
  2  1                           EXPLANATION
  2  2    Current law provides cities the authority to establish, by
  2  3 ordinance after notice and a public hearing, one or more
  2  4 districts and schedules of fees for the connection of property
  2  5 to the city sewer or water utility.  Each person whose
  2  6 property will be served by connecting to the city sewer or
  2  7 water utility is required to pay a connection fee to the city
  2  8 when the application for connection is filed.  A connection
  2  9 fee may include the equitable cost of extending the utility to
  2 10 the properties, including reasonable interest from the date of
  2 11 construction to the date of payment.
  2 12    This bill authorizes cities to establish districts and
  2 13 schedules of fees for the connection of property to storm
  2 14 water drainage system utilities using the same procedure and
  2 15 requirements that currently exist for city sewer and water
  2 16 utility districts.
  2 17 LSB 2084SV 83
  2 18 md/sc/8