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House File 307 - EnrolledAn Actrelating 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
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
-1-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 UPMEYERSpeaker of the House______________________________
JACK WHITVERPresident 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 BOALChief Clerk of the HouseApproved _______________, 2017______________________________
TERRY E. BRANSTADGovernormd/sc
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
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
-1-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 UPMEYERSpeaker of the House______________________________
JACK WHITVERPresident 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 BOALChief Clerk of the HouseApproved _______________, 2017______________________________
TERRY E. BRANSTADGovernormd/sc