388.1 Definitions. As used in this chapter: 1. “Combined utility system” means the same as defined in section 384.80. 2. “Utility board” or “board” means a board of trustees established to operate a city utility, city utilities, or a combined utility system. A single utility board may operate more than one city utility even though […]
388.10 Municipal utility providing telecommunications services. 1. a. A city that owns or operates a municipal utility providing telecommunications services or such a municipal utility shall not do, directly or indirectly, any of the following: (1) Use general fund moneys for the ongoing support or subsidy of a telecommunications system. (2) Provide any city facilities, […]
388.11 Liability within two miles. A city or city utility providing water service within two miles of the limits of the city shall not be liable for a claim for failure to provide or maintain hydrants, facilities, or an adequate supply of water or water pressure for fire protection purposes in the area receiving water […]
388.2 Submission to voters. 1. a. The proposal of a city to establish, acquire, lease, or dispose of a city utility, except a sanitary sewage or storm water drainage system, in order to undertake or to discontinue the operation of the city utility, or the proposal to establish or dissolve a combined utility system, or […]
388.2A Procedure for disposal of city utility by sale. 1. A proposal to discontinue a city utility and dispose of such utility by sale, whether upon the council’s own motion or upon the receipt of a valid petition pursuant to section 388.2, subsection 1, paragraph “b”, shall not be submitted to the voters of the […]
388.3 Procedure upon approval. 1. If a proposal to establish a utility board receives a favorable majority vote, the mayor shall appoint the board members, as provided in the proposal, subject to the approval of the council. The council shall by resolution provide for staggered six-year terms for, and shall set the compensation of, board […]
388.4 Utility board. The title of a utility board must be appropriate to the city utility, city utilities, or combined utility system administered by the board. A utility board may be a party to legal action. A utility board may exercise all powers of a city in relation to the city utility, city utilities, or […]
388.5 Control of tax revenues. 1. A utility board shall control tax revenues allocated to the city utility, city utilities, or combined utility system it administers and all moneys derived from the operation of the city utility, city utilities, or combined utility system, the sale of utility property, interest on investments, or from any other […]
388.6 Discrimination in rates. A city utility or a combined utility system may not provide use or service at a discriminatory rate, except to the city or its agencies, as provided in section 384.91. [C75, 77, 79, 81, §388.6]
388.7 Prior utility board. 1. A utility board functioning on July 1, 1975, shall continue to function until discontinued as provided in this chapter, and has all the powers granted in this chapter. 2. Nothing in the city code shall be construed to allow the abrogation of any franchise. [C75, 77, 79, 81, §388.7] 2019 […]
388.8 Easement continuance. If a city exercised a right to an easement on property before January 1, 1950, for the establishment of water, sewer, or gas or power lines, the city has acquired the right to exercise a continuing easement on that property to the extent necessary for repair and maintenance of those lines. [81 […]
388.9 Competitive information. 1. Notwithstanding section 21.5, subsection 1, the governing body of a city utility or combined utility system, or a city enterprise or combined city enterprise as defined in section 384.80, by a vote of two-thirds of the members of the body or all of the members present at the meeting, may hold […]
388.9A Customer records. Notwithstanding section 22.2, subsection 1, public records of a city utility or combined utility system, or a city enterprise or combined city enterprise as defined in section 384.80, which shall not be examined or copied as of right, include private customer information. Except as required pursuant to chapter 476, “private customer information” […]
