General Assembly: 77 (1997 Regular GA) - Chapter 63 - Electric transmission lines — map relating to franchise extension


Published: 1997-04-22

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105 LAWS OF THE SEVENlY-SEVENTH G.A., 1997 SESSION CH.63

not apply when a sanitary district annexation plan or petition includes annexation of an area adjoining the district or a petition has not been presented for a sewer connection. Until the annexation becomes effective or the annexation plan or petition is abandoned, the state mandate contained in section 455B.I72, subsections 3, 4, and 5, shall not apply unless the property owner requests to be connected to the sanitary district's sewer facilities and volun- tarily pays the connection fee.

Sec. 3. Section 384.84, subsection 6, Code 1997, is amended by adding the following new paragraph:

NEW PARAGRAPH. c. One or more city utilities or combined utility systems, including city utilities established pursuant to chapter 388, may contract pursuant to chapter 28E with one or more sanitary districts established pursuant to chapter 358 for joint billing or collec- tion, or both, of combined service accounts from utility services and sanitary district ser- vices. The contracts may provide for the discontinuance of one or more of the city water utility services or sanitary district services if a delinquency occurs in the payment of any charges billed under a combined service account.

Approved April 22, 1997

CHAPTER 63 ELECTRIC TRANSMISSION UNES - MAP RELATING

TO FRANCHISE EXTENSION H.F.229

AN ACT relating to the availability of a map indicating the location of electric transmission lines related to the extension of a franchise.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 478.13, unnumbered paragraph 1, Code 1997, is amended to read as follows:

Any person, firm, or corporation owning a franchise granted under this chapter or previ- ously existing law, desiring to acquire extensions of such franchise, may petition the utili- ties board in the manner provided for the granting of a franchise and the same proceeding shall be had conducted in the same manner as 9ft an original application, including the assessing of costs provided by section 478.4 e*eept that iB the event. If the extension of franchise is sought for all lines in a given county or counties~ the published notice need not contain a general description of the lands and highways traversed by the lines, but in lieu theFe9f of containing such description the petitioner may have 9R file at its 9ffiees iB the e9tmty 9F e9tH1:ties affeeteEi offer to provide to any interested party, free of charge and within ten working days, a current, accurate map showing the location of the lines for which the franchise extension is sought, saiEi map t9 he IP+railahle feF e*amiBau9R hy aRY iBteFesteEi party, aREI the. The public notice shall advise the citizens of the county or counties affected of the 1geati9R aREI availability of such map. If this alternate procedure is not followed then the publication of the description of the lands and highways traversed by the lines shall be done in the manner as in an original application for franchise. In any event an extension under this section will shall be granted only for a valid, existing franchise and the lands, roads~ or streams covered theFehy by the franchise over, through~ or upon which electric tr-,nsmission lines have in fact been erected or constructed and are in use or opet;.ation at the

CH.63 LAWS OF THE SEVENTY-SEVENTH G.A., 1997 SESSION 106

time of the application for the extension of franchise. Such petition shall be accompanied by the written consent of the applicant that the provisions of all laws relating to public utilities, franchises, and transmission lines, or to the regulation, supervision, or control thereof which are then in force or which may be thereafter enacted~ shall apply to its exist- ing line or lines, franchises, and rights with the same force and effect as if such franchise had been granted or such lines had been constructed or rights had been obtained under the provisions of this chapter.

Approved April 22, 1997

CHAPTER 64 DEFENDANTS MENTAlLY INCAPABLE OF STANDING TRIAL

H.F.232

AN ACT providing for court-ordered treatment of a criminal defendant judged mentally incapable of standing trial.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 812.4, Code 1997, is amended to read as follows: 812.4 CESSATION OF CRIMINAL PROSECUTION. If, upon hearing conducted by the court, the accused is found to be incapacitated in the

manner described in section 812.3, no further proceedings shall be taken under the com- plaint or indictment until the accused's capacity is restored, and, if the accused's release will endanger the public peace or safety, the court must order the accused committed for treat- ment to the custody of the department of human services or to the custody of the department of corrections for placement at the Iowa medical and classification center.

Approved April 22, 1997

CHAPTER 65 COOPERATIVE ASSOCIATIONS - EFFECTIVE DATE OF FIUNGS AND MERGERS

H.F.233

AN ACT relating to cooperative associations, by providing for the filing of documents and providing for the effective date of a merger or consolidation.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 499.44, Code 1997, is amended by adding the following new subsec- tion:

NEW SUBSECTION. 3A. A document required to be filed with the secretary of state pur- suant to this chapter is effective at the later of the following times:

a. The time of filing on the date it is filed, as evidenced by the secretary of state's date and time endorsement on the original document.