reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 386 - SELF-SUPPORTED MUNICIPAL IMPROVEMENT DISTRICTS › Section 386.14 - Independent provisions.

386.14 Independent provisions.
The provisions of this chapter with respect to notice, hearing and appeal for the construction of improvements and self-liquidating improvements and the issuance and sale of bonds are in lieu of the provisions contained in chapters 73A and 75, or any other law, unless specifically referred to and made applicable by this chapter.
[C77, 79, 81, §386.14]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 388 - CITY UTILITIES › Section 388.1 - Definitions.

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 such city utilities are not a combined utility system.
[C75, 77, 79, 81, §388.1]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 388 - CITY UTILITIES › Section 388.2 - Submission to voters.

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 the proposal to establish or discontinue a utility board, is subject to the approval of the voters of the city, except that a board may be discontinued by resolution of the council when the city utility, city utilities, or combined utility system it administers is disposed of or leased for a period of over five years.
b. Upon the council’s own motion, the proposal may be submitted to the voters at the general election, the regular city election, or at a special election called for that purpose. 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.
c. If the special election is to establish a gas or electric utility pursuant to this section, or if such a proposal is to be included on the ballot at the regular city or general election, the mayor or council shall give notice as required by section 376.1 to the county commissioner of elections and to any utility whose property would be affected by such election not less than sixty days before the proposed date of the special, regular city, or general election.
d. A proposal for the establishment of a utility board must specify a board of either three or five members.
2. a. If a majority of those voting for and against the proposal approves the proposal, the city may proceed as proposed.
b. If a majority of those voting for and against the proposal does not approve the proposal, the same or a similar proposal may not be submitted to the voters of the city for at least four years from the date of the election at which the proposal was defeated.
[C73, §471; C97, §720, 721; S13, §720, 721; C24, 27, 31, 35, 39, §6131 – 6133, 6144; C46, 50, 54, 58, §397.5 – 397.7, 397.29; C62, 66, 71, 73, §397.5 – 397.7, 397.29, 397.43; C75, 77, 79, 81, §388.2]
90 Acts, ch 1206, §4; 2007 Acts, ch 215, §109, 110
Referred to in §388.2A, 476.55
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 388 - CITY UTILITIES › Section 388.3 - Procedure upon approval — appointment and removal of board members.

388.3 Procedure upon approval — appointment and removal of board members.
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 members.
2. A board member appointed to fill a vacancy occurring by reason other than the expiration of a term is appointed for the balance of the unexpired term.
3. A public officer or a salaried employee of the city shall not serve on a utility board.
4. Any person appointed as a board member of a utility board pursuant to this section may be removed from office by the mayor with the unanimous approval of the city council for any of the following reasons:
a. For any reason enumerated in section 66.1A.
b. For habitual nonattendance of board meetings.
5. A removal pursuant to this section shall begin with a written notice, sent by certified mail to the board member stating the grounds for removal, with a copy of the notice filed with the city clerk. The board member shall be entitled to a public hearing within thirty days of the mailing of the notice, on all issues connected with the removal, unless the board member requests a later date. After the passage of thirty days or after the public hearing described provided by this subsection, the city council shall vote on whether to approve the removal of the board member.
6. The provisions of this section do not apply to a city with a population of more than two hundred thousand according to the 2020 federal decennial census.
[C97, §747; S13, §747-a, -b; C24, 27, §6147, 6148, 6157; C31, 35, §6147, 6148, 6157, 6943-c1, -c2, -c3; C39, §6147, 6148, 6157, 6943.001 – 6943.003; C46, 50, 54, 58, 62, 66, 71, 73, §397.32, 397.33, 398.8, 420.297 – 420.299; C75, 77, 79, 81, §388.3]
2019 Acts, ch 24, §104; 2020 Acts, ch 1063, §205; 2022 Acts, ch 1068, §1, 2
NEW subsections 4 – 6
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 388 - CITY UTILITIES › Section 388.4 - Utility 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 combined utility system it administers, with the following exceptions:
1. A board may not certify taxes to be levied, pass ordinances or amendments, or issue general obligation or special assessment bonds.
2. The title to all property of a city utility or combined utility system must be held in the name of the city, but the utility board has all the powers and authorities of the city with respect to the acquisition by purchase, condemnation, or otherwise, lease, sale, or other disposition of such property, and the management, control, and operation of the same, subject to the requirements, terms, covenants, conditions, and provisions of any resolutions authorizing the issuance of revenue bonds, pledge orders, or other obligations which are payable from the revenues of the city utility or combined utility system, and which are then outstanding.
3. A board shall make to the council a detailed annual report, including a complete financial statement.
4. Immediately following a regular or special meeting of a utility board, the secretary shall prepare a condensed statement of the proceedings of the board and cause the statement to be published in a newspaper of general circulation in the city. The statement must include a list of all claims allowed, showing the name of the person or firm making the claim, the reason for the claim, and the amount of the claim. If the reason for the claims is the same, two or more claims made by the same vendor, supplier, or claimant may be consolidated if the number of claims consolidated and the total consolidated claim amount are listed in the statement. However, the utility board shall provide at its office upon request an unconsolidated list of all claims allowed. Salary claims must show the gross amount of the claim except that salaries paid to persons regularly employed by the utility, for services regularly performed by them, must be published once annually showing the gross amount of the salary. In cities having more than one hundred fifty thousand population, the utility board shall each month prepare in pamphlet form the statement herein required for the preceding month and furnish copies to the city library, the daily newspapers of the city, the city clerk, and to persons who apply at the office of the secretary, and the pamphlet shall constitute publication as required. Failure by the secretary to make publication is a simple misdemeanor.
[S13, §1056-a7, -c24; C24, §5678, 6149; C27, 31, 35, §5676-a2, 6149, 6159-a1; C39, §5676.2, 6149, 6159.1; C46, 50, §363.52, 397.34, 398.11; C54, 58, 62, 66, 71, 73, §368A.7, 368A.24, 397.34, 398.11; C75, 77, 79, 81, §388.4]
2006 Acts, ch 1018, §6
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 388 - CITY UTILITIES › Section 388.5 - Control of tax revenues.

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 source related to the city utility, city utilities, or combined utility system.
2. All city utility moneys received must be held in a separate utility fund, with a separate account or accounts for each city utility or combined utility system. If a board administers a municipal utility or combined utility system, moneys may be paid out of that utility account only at the direction of the board.
[C97, §748; C13, §741-b, 748; C24, 27, 31, 35, 39, §5676, 6158; C46, 50, §363.50, 398.9; C54, 58, 62, 66, 71, 73, §368A.6, 398.9; C75, 77, 79, 81, §388.5]
2019 Acts, ch 24, §104
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 388 - CITY UTILITIES › Section 388.6 - Discrimination in rates.

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]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 388 - CITY UTILITIES › Section 388.7 - Prior utility board.

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 Acts, ch 59, §114
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 388 - CITY UTILITIES › Section 388.8 - Easement continuance.

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 Acts, ch 129, §1]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 388 - CITY UTILITIES › Section 388.9 - Competitive information.

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 a closed session to discuss marketing and pricing strategies or proprietary information if its competitive position would be harmed by public disclosure not required of potential or actual competitors, and if no public purpose would be served by such disclosure. The minutes and an audio or audiovisual recording of a session closed under this subsection shall be available for public examination at that point in time when the public disclosure would no longer harm the utility’s competitive position.
2. a. 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 proprietary information, records of customer names and accounts, records associated with marketing or pricing strategies, preliminary working papers, spreadsheet scenarios, and cost data, if the competitive position of the city utility, combined utility system, city enterprise, or combined city enterprise would be harmed by public disclosure not required of a potential or actual competitor, and if no public purpose would be served by such disclosure. A public record not subject to examination or copying under this subsection shall be available for public examination and copying at that point in time when public disclosure would no longer harm the competitive position of the city utility, combined utility system, city enterprise, or combined city enterprise.
b. For purposes of this subsection, “proprietary information” includes customer records that if disclosed would harm the competitive position of a customer; or information required by a noncustomer contracting party to be kept confidential pursuant to a nondisclosure agreement which relates to electric transmission planning and construction, critical energy infrastructure, an ownership interest or acquisition of an ownership interest in an electric generating facility, or other information made confidential by law or rule.
99 Acts, ch 63, §3, 8; 2008 Acts, ch 1126, §16, 33; 2020 Acts, ch 1063, §206
Referred to in §388.10
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 388 - CITY UTILITIES › Section 388.9A - Customer records.

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” includes information identifying a specific customer and any record of a customer account, including internet-based customer account information.
2012 Acts, ch 1010, §2
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 388 - CITY UTILITIES › Section 388.11 - Liability within two miles.

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 service if such hydrants, facilities, or water are not intended to be used for fire protection purposes.
2014 Acts, ch 1086, §5; 2015 Acts, ch 30, §112
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 389 - JOINT WATER UTILITIES › Section 389.1 - Definitions.

389.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Joint water utility” means a water utility established by two or more cities which owns or operates or proposes to finance the purchase or construction of all or part of a water supply system or the capacity or use of a water supply system pursuant to this chapter. A water supply system includes all land, easements, rights-of-way, fixtures, equipment, accessories, improvements, appurtenances, and other property necessary or useful for the operation of the system.
2. “Joint water utility board” means the board of trustees established to operate a joint water utility.
3. “Project” means any works or facilities useful or necessary for the operation of a joint water utility.
91 Acts, ch 168, §2
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 389 - JOINT WATER UTILITIES › Section 389.2 - Submission to voters.

389.2 Submission to voters.
A joint water utility may be established by two or more cities. A proposal to establish a joint water utility or to join an existing joint water utility may be submitted to the voters of a city by the city council upon its own motion, or upon receipt of a valid petition pursuant to section 362.4.
1. If the proposal is to establish a joint water utility, the proposal shall be submitted to the voters of each city proposing to establish the joint water utility. If a majority of the electorate in each of at least two cities approves the proposal, the cities approving the proposal may establish a joint water utility.
2. If the proposal is to join an existing joint water utility, the proposal must first be submitted to the joint water utility board for its approval. If the proposal is approved by the board, the proposal shall be submitted to the electorate of the city wishing to join. The proposal must receive a majority affirmative vote for passage.
91 Acts, ch 168, §3; 2010 Acts, ch 1061, §156
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 389 - JOINT WATER UTILITIES › Section 389.3 - Powers and duties.

389.3 Powers and duties.
1. Upon adoption of a proposal to establish a joint water utility, the member cities shall establish a joint water utility board, consisting of at least five members. The mayors of the participating cities shall appoint the members, subject to the approval of the city councils, and at least one member shall be appointed from each participating city. The board shall be responsible for the planning and operation of a joint water utility, subject to the provisions of this chapter.
2. A joint water utility is a political subdivision and an instrumentality of municipal government. The statutory powers, duties, and limitations conferred upon a city utility apply to a joint water utility, except that title to property of a joint water utility may be held in the name of the joint water utility. The joint water utility board shall have all powers and authority of a city with respect to property which is held by the joint water utility. A joint water utility shall have the power of eminent domain, including the powers, duties, and limitations conferred upon a city in chapters 6A and 6B, for the purposes of constructing and operating a joint water utility.
3. The joint water utility board may purchase or construct all or part of any water supply system, and may finance the purchase or construction. The board may also contract to sell all or part of the joint water utility’s water supply, including any surplus, to a public or private agency, or an entity created to carry out an agreement authorizing the joint exercise of any of the governmental powers enumerated in section 28F.1. The board may contract for the purchase, from any source, of all or a portion of the water supply requirements of the joint water facility. A contract may include provisions for the payment for capacity or output of a facility whether the facility is completed or operating, and for establishing the rights and obligations of the parties to the contract in the event of a default by any of the parties.
4. Payments made by a joint water utility pursuant to a contract shall constitute operating expenses of the joint water utility and shall be payable from the revenues derived from the operation of the joint water utility.
91 Acts, ch 168, §4
; 2006 Acts, 1st Ex, ch 1001, §33, 49
; 2010 Acts, ch 1061, §180
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 389 - JOINT WATER UTILITIES › Section 389.4 - Financing.

389.4 Financing.
1. A joint water utility may finance projects pursuant to chapter 28F. A city may finance its share of the cost of a project by the use of any method of financing available for city utilities, including but not limited to sections 384.23 through 384.36 and sections 384.80 through 384.94.
2. If a project is financed by a joint water utility, revenues derived from the project shall be deemed to be revenues of the joint water utility for all purposes including the issuance and payment of bonds secured by or payable from the revenues of the joint water utility. If a project is financed by member cities of a joint water utility, the revenues derived from the project shall be deemed to be revenues of the city or city utility for all purposes including the issuance and payment of bonds secured by or payable from the revenues of the city or city utility.
91 Acts, ch 168, §5; 2021 Acts, ch 76, §150
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 389 - JOINT WATER UTILITIES › Section 389.5 - Construction.

389.5 Construction.
This chapter being necessary for the public health, public safety, and general welfare, shall be liberally construed to effectuate its purposes. This chapter shall be construed as providing a separate and independent method for accomplishing its purposes, and shall take precedence over any contrary provision of the law.
91 Acts, ch 168, §6
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.1 - Definitions.

390.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Acquisition” of a joint facility includes the purchase, lease, construction, reconstruction, extension, remodeling, improvement, repair, and equipping of the joint facility.
2. “City” means a municipal corporation, but not including a county, township, school district, or special purpose district or authority.
3. “City utility” has the same meaning provided in section 362.2, subsection 6, and includes a “combined utility system”, as defined in section 384.80, which operates facilities for the generation or transmission of electric energy.
4. “Electric cooperative” means a cooperative association which owns and operates property for generating, purchasing, obtaining by exchange or otherwise acquiring, or transmitting electric power and energy.
5. “Governing body” means the public body which by law is charged with the management and control of a city utility as defined in section 384.80, subsection 5.
6. “Joint agreement” means an agreement of participants pursuant to the provisions of this chapter. A joint agreement may be one or more documents, and may be entitled joint agreement, agreement, contract, or otherwise.
7. “Joint facility” means all property necessary or useful for generating, purchasing, obtaining by exchange or otherwise acquiring, or transmitting electric power and energy, which is owned and operated pursuant to a joint agreement.
8. “Or” includes the conjunctive “and” and “and” includes the disjunctive “or”, unless the context clearly indicates otherwise.
9. “Own” and “ownership” in the case of transmission facilities, including substations and associated facilities, may include the right to the use of an amount of the capacity of the facilities, if the joint agreement so provides. “Own” and “ownership” may include a joint facility located in this state or outside this state.
10. “Participant” means a city, electric cooperative, or privately owned utility company, which is a party to a joint agreement.
[C75, 77, 79, 81, §390.1]
84 Acts, ch 1251, §1; 2012 Acts, ch 1065, §1; 2022 Acts, ch 1032, §55
Referred to in §23A.2, 352.6, 390.9, 476.22
Subsection 10 amended
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.2 - Additional power.

390.2 Additional power.
In addition to other powers conferred by the Constitution and laws of this state, any city having established a utility which operates an existing electric generating facility or distribution system may enter into and carry out joint agreements with other participants for the acquisition of ownership of an undivided interest in a joint facility and for the planning, financing, operation, and maintenance of the joint facility.
[C75, 77, 79, 81, §390.2]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.3 - Hearing — exception to general statutes.

390.3 Hearing — exception to general statutes.
1. Before a city may enter into or amend a joint agreement, the governing body shall adopt a proposed form of agreement and give notice and conduct a public hearing on the agreement in the manner provided by sections 73A.1 through 73A.11, which action shall be subject to appeal as provided in chapter 73A.
2. However, in the performance of a joint agreement, the governing body is not subject to statutes generally applicable to public contracts, including hearings on plans, specifications, form of contracts, costs, notice, and competitive bidding required under chapter 26 and section 384.103, unless all parties to the joint agreement are cities located within the state of Iowa.
[C75, 77, 79, 81, §390.3]
84 Acts, ch 1067, §36; 2006 Acts, ch 1017, §38, 42, 43; 2020 Acts, ch 1063, §207; 2021 Acts, ch 80, §241
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.4 - Undivided joint interest.

390.4 Undivided joint interest.
In substance, a joint agreement shall:
1. Provide that each participant shall own an undivided interest in the joint facility, the interest being equal to the percentage of the money furnished, value of property furnished, or services rendered by each participant toward the total cost of the joint facility, and that each participant shall own and control a like percentage of the output of the joint facility.
2. Provide that each participant shall undertake to finance its portion of the cost of planning, acquisition, operation, and maintenance of the joint facility.
3. Provide that each participant in the ownership of the joint facility shall bear all taxes, if any, chargeable to its ownership of the joint facility under statutes now or hereafter in effect.
4. Provide for the planning, financing, acquisition, operation and maintenance of the joint facility, or for any one or more of said purposes, including the cost to be contributed by each participant.
5. Provide for a uniform method of determining and allocating operation and maintenance expenses of the joint facility.
6. Provide that a participant may be liable only for its own acts with regard to the joint facility, or as principal for the acts of the manager in proportion to its percentage of ownership, and shall not be jointly or severally liable for the acts, omissions, or obligations of other participants.
7. Provide that the undivided interest of a participant in the joint facility may not be charged directly or indirectly with a debt or obligation of another participant or be subject to any lien as a result thereof.
8. Provide for the management and operation of the affairs of the joint facility, and the indemnification of the manager, which may include a provision that the joint facility shall be managed and operated by one or more of the participants.
9. Provide that no participant may withdraw from the joint agreement during its duration so long as obligations payable in whole or in part from revenues derived from the operation of the joint facility, and issued by a city, are outstanding, unless prior consent is first granted by each of the other participants either in the joint agreement or otherwise.
10. Provide for the method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property and assets upon partial or complete termination. The provisions of the joint agreement for disposition of the joint facilities shall not be subject to the statutes limiting or prescribing procedure for the sale of city-owned properties.
11. Provide for the duration of the agreement. An agreement authorized by this chapter shall not be limited as to period of existence, except as may be limited by the terms of the agreement itself.
12. Include other provisions as the parties may deem necessary or appropriate with respect to the conduct of the participants, the operation or ownership of the joint facility, or the settlement of disputes.
[C75, 77, 79, 81, §390.4]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.5 - Financing.

390.5 Financing.
A city may finance its share of the cost of a joint facility by the use of any method of financing available for city utilities under the statutes of this state, for the financing of electric generation or transmission facilities to be owned by a city in their entirety, including but not limited to the provisions of chapters 397 and 407, Code 1973, and sections 384.23 through 384.36 and sections 384.80 through 384.94 as applicable. Revenues derived by a city utility from its share of ownership or operation of a joint facility shall be deemed to be revenues of the city utility for all purposes including the issuance and payment of bonds secured by or payable from the revenues of a city utility. A joint agreement shall be deemed payable from revenues or revenue bonds of a city utility in the absence of provision to the contrary or a referendum approving the issuance of general obligation bonds.
[C75, 77, 79, 81, §390.5]
2019 Acts, ch 59, §115
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.6 - Construction.

390.6 Construction.
This chapter being necessary for the public health, public safety and general welfare, shall be liberally construed to effectuate its purposes. This chapter shall be construed as providing a separate and independent method for accomplishing its purposes, and except as provided or necessarily implied shall not be construed as subject to or an amendment of any other law. In particular, without limiting the generality of the foregoing, no restrictions or requirements contained in this chapter shall be construed as applying to bonds issued pursuant to the provisions of chapter 419. Nothing contained in this chapter shall be construed to limit the powers and authority of privately owned utility companies or electric cooperatives under any other law.
[C75, 77, 79, 81, §390.6]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.7 - Construction of amendments.

390.7 Construction of amendments.
The provisions of 1975 Iowa Acts, ch. 199, are retroactive in application to all joint agreements entered into and executed prior to July 1, 1975, under this chapter, on behalf of cities which, on the date of executing the agreements, operated existing electric generating or distribution facilities. However, all such joint agreements which complied with the provisions of this chapter prior to amendment by 1975 Iowa Acts, ch. 199, are also in full force and effect according to their terms, and are not rendered invalid in any respect by any provision of 1975 Iowa Acts, ch. 199.
[C77, 79, 81, §390.7]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.8 - Equity investment in independent transmission company.

390.8 Equity investment in independent transmission company.
In addition to the powers conferred upon a city elsewhere in this chapter, any city operating a city electric utility on January 1, 2003, may enter into agreements with and acquire equity interests in independent transmission companies or similar independent transmission entities in which they are participating that are approved by the federal energy regulatory commission. The purpose of such equity investments shall be to mitigate expenses incurred by the city electric utility due to its procurement of electric transmission service or to otherwise facilitate investment in transmission facilities and shall not be for general city or city utility investment purposes.
2003 Acts, ch 116, §1
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.8A - Transmission facility ownership.

390.8A Transmission facility ownership.
In addition to the powers conferred upon a city or electric power agency elsewhere in this chapter, a city or electric power agency may acquire ownership interest in a transmission facility, including ownership of the capacity of such facility, within this state or in any other state for the purpose of participating with other utilities in transmission to be operated by a regional transmission organization or an independent transmission operator approved by the federal energy regulatory commission. For purposes of this section, “electric power agency” means the same as defined in section 390.9.
2012 Acts, ch 1065, §2
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.9 - Definitions.

390.9 Definitions.
For purposes of this subchapter, unless the context otherwise requires:
1. “Electric power agency” means an entity financing or acquiring an electric power facility pursuant to this chapter, chapter 28E, or chapter 28F. An electric power agency may be organized as a nonprofit corporation, limited liability company, or as a separate administrative or legal entity pursuant to chapter 28E. When the electric power agency is comprised solely of cities or solely of cities and other political subdivisions, the electric power agency shall be a political subdivision of the state with the name under which it was organized, and shall have all the powers of a city or city utility under this chapter.
2. “Facility”, “joint facility”, “electric power facility”, or “project” means an electric power generating plant, or transmission line or system, including a joint facility as defined in section 390.1, subsection 7.
3. “Public bond or obligation” means an obligation as defined in section 76.14.
2010 Acts, ch 1018, §5
Referred to in §12C.1, 390.8A, 476.1B, 478.16
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.10 - Electric power agency — general authority.

390.10 Electric power agency — general authority.
In addition to other powers conferred upon an electric power agency by chapter 28F or other applicable law, an electric power agency may enter into and carry out joint agreements with other participants for the acquisition of ownership of a joint facility and for the planning, financing, operation, and maintenance of the joint facility, as provided in this subchapter.
2001 Acts, 1st Ex, ch 4, §18, 36
CS2001, §476A.21
2010 Acts, ch 1018, §8
C2011, §390.10
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.11 - Electric power agency — authority — conflicting provisions.

390.11 Electric power agency — authority — conflicting provisions.
1. In addition to any powers conferred upon an electric power agency under chapter 28F or other applicable law, an electric power agency may exercise all other powers reasonably necessary or appropriate for or incidental to the effectuation of the electric power agency’s authorized purposes, including without limitation the powers enumerated in chapters 6A and 6B for purposes of constructing or acquiring an electric power facility.
2. An electric power agency, in connection with its property and affairs, and in connection with property within its control, may exercise any and all powers that might be exercised by a natural person or a private corporation in connection with similar property and affairs.
3. The enumeration of specified powers and functions of an electric power agency in this subchapter is not a limitation of the powers of an electric power agency, but the procedures prescribed for exercising the powers and functions enumerated in this subchapter control and govern in the event of any conflict with any other provision of law.
4. The authority conferred pursuant to this subchapter applies to electric power agencies, notwithstanding any contrary provisions of section 28F.1.
2001 Acts, 1st Ex, ch 4, §19, 36
CS2001, §476A.22
2010 Acts, ch 1018, §9
C2011, §390.11
Eminent domain and eminent domain procedures; chapters 6A and 6B
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.12 - Issuance of public bonds or obligations — purposes — limitations.

390.12 Issuance of public bonds or obligations — purposes — limitations.
1. An electric power agency may from time to time issue its public bonds or obligations in such principal amounts as the electric power agency deems necessary to provide sufficient funds to carry out any of its purposes and powers, including but not limited to any of the following:
a. The acquisition or construction of any project to be owned or leased by the electric power agency, or the acquisition of any interest in such project or any right to the capacity of such project, including the acquisition, construction, or acquisition of any interest in an electric power generating plant to be constructed in this state, or the acquisition, construction, or acquisition of any interest in a transmission line or system.
b. The funding or refunding of the principal of, or interest or redemption premiums on, any public bonds or obligations issued by the electric power agency whether or not the public bonds or obligations or interest to be funded or refunded have become due.
c. The establishment or increase of reserves to secure or to pay the public bonds or obligations or interest on the public bonds or obligations.
d. The payment of all other costs or expenses of the electric power agency incident to and necessary to carry out its purposes and powers.
2. Notwithstanding anything in this subchapter or chapter 28F to the contrary, a facility shall not be financed with the proceeds of public bonds or obligations, the interest on which is exempt from federal income tax, unless the public issuer of such public bonds or obligations covenants that the issuer shall comply with the requirements or limitations imposed by the Internal Revenue Code or other applicable federal law to preserve the tax exemption of interest payable on the bonds or obligations.
3. a. Notwithstanding anything in this subchapter or chapter 28F to the contrary, an electric power generating facility shall not be financed under this subchapter unless all of the following conditions are satisfied:
(1) The portion of the electric power generating facility financed by the electric power agency is not designed to serve the electric power requirements of retail customers of members that are municipal electric utilities established in the state after January 1, 2001.
(2) The electric power agency annually files with the utilities board, in a manner to be determined by the utilities board, information regarding sales from the electric power generating facility in sufficient detail to determine compliance with these provisions.
b. The utilities board shall report to the general assembly if any of the provisions are being violated.
2001 Acts, 1st Ex, ch 4, §20, 36
CS2001, §476A.23
2003 Acts, ch 44, §78, 79; 2010 Acts, ch 1018, §10
C2011, §390.12
2011 Acts, ch 25, §143
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.13 - Public bonds or obligations authorized by resolution of board of directors — terms.

390.13 Public bonds or obligations authorized by resolution of board of directors — terms.
1. The board of directors of an electric power agency, by resolution, may authorize the issuance of public bonds or obligations of the electric power agency.
2. The public bonds or obligations may be issued in one or more series under the resolution or under a trust indenture or other security agreement.
3. The resolution, trust indenture, or other security agreement, with respect to such public bonds or obligations, shall provide for all of the following:
a. The date on the public bonds or obligations.
b. The time of maturity.
c. The rate of interest.
d. The denomination.
e. The form, either coupon or registered.
f. The conversion, registration, and exchange privileges.
g. The rank or priority.
h. The manner of execution.
i. The medium of payment, including the place of payment, either within or outside of the state.
j. The terms of redemption, either with or without premium.
k. Such other terms and conditions as set forth by the board in the resolution, trust indenture, or other security agreement.
4. Public bonds or obligations authorized by the board of directors shall not be subject to any restriction under other law with respect to the amount, maturity, interest rate, or other terms of obligation of a public agency or private person.
5. Chapter 75 shall not apply to public bonds or obligations authorized by the board of directors as provided in this section.
2001 Acts, 1st Ex, ch 4, §21, 36
CS2001, §476A.24
2010 Acts, ch 1018, §11
C2011, §390.13
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.14 - Public bonds or obligations payable solely from agency revenues or funds.

390.14 Public bonds or obligations payable solely from agency revenues or funds.
1. The principal of and interest on any public bonds or obligations issued by an electric power agency shall be payable solely from the revenues or funds pledged or available for their payment as authorized in this subchapter.
2. Each public bond or obligation shall contain all of the following terms:
a. That the principal of or interest on such public bonds or obligations is payable solely from revenues or funds of the electric power agency.
b. That neither the state or a political subdivision of the state other than the electric power agency, nor a public agency that is a member of the electric power agency is obligated to pay the principal or interest on such public bonds or obligations.
c. That neither the full faith and credit nor the taxing power of the state, of any political subdivision of the state, or of any such public agency is pledged to the payment of the principal of or the interest on the public bonds or obligations.
2001 Acts, 1st Ex, ch 4, §22, 36
CS2001, §476A.25
2010 Acts, ch 1018, §12
C2011, §390.14
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.15 - Public bonds or obligations — types — sources for payment — security.

390.15 Public bonds or obligations — types — sources for payment — security.
1. Except as otherwise expressly provided by this subchapter or by the electric power agency, every issue of public bonds or obligations of the electric power agency shall be payable out of any revenues or funds of the electric power agency, subject only to any agreements with the holders of particular public bonds or obligations pledging any particular revenues or funds.
2. An electric power agency may issue types of public bonds or obligations as it may determine, including public bonds or obligations as to which the principal and interest are payable exclusively from the revenues from one or more projects, or from an interest in such project or projects, or a right to capacity of such project or projects, or from any revenue-producing contract made by the electric power agency with any person, or from its revenues generally.
3. Any public bonds or obligations may be additionally secured by a pledge of any grant, subsidy, or contribution from any public agency or other person, or a pledge of any income or revenues, funds, or moneys of the electric power agency from any other source.
2001 Acts, 1st Ex, ch 4, §23, 36
CS2001, §476A.26
2010 Acts, ch 1018, §13
C2011, §390.15
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.16 - Public bonds or obligations and rates for debt service not subject to state approval.

390.16 Public bonds or obligations and rates for debt service not subject to state approval.
Public bonds or obligations of an electric power agency may be issued under this subchapter, and rents, rates, and charges may be established in the same manner as provided in section 28F.5 and pledged for the security of public bonds or obligations and interest and redemption premiums on such public bonds or obligations, without obtaining the consent of any department, division, commission, board, bureau, or agency of the state and without any other proceeding or the happening of any other condition or occurrence, except as specifically required by this subchapter.
2001 Acts, 1st Ex, ch 4, §24, 36
CS2001, §476A.27
2010 Acts, ch 1018, §14
C2011, §390.16
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.17 - Public bonds or obligations to be negotiable.

390.17 Public bonds or obligations to be negotiable.
All public bonds or obligations of an electric power agency shall be negotiable within the meaning and for all of the purposes of the uniform commercial code, chapter 554, subject only to the registration requirement of section 76.10.
2001 Acts, 1st Ex, ch 4, §25, 36
CS2001, §476A.28
2010 Acts, ch 1018, §15
C2011, §390.17
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.18 - Validity of public bonds or obligations at delivery — temporary bonds.

390.18 Validity of public bonds or obligations at delivery — temporary bonds.
1. Any public bonds or obligations may be issued and delivered, notwithstanding that one or more of the officers executing them shall have ceased to hold office at the time when the public bonds or obligations are actually delivered.
2. Pending preparation of definitive bonds or obligations, an electric power agency may issue temporary bonds or obligations that shall be exchanged for the definitive bonds or obligations upon their issuance.
2001 Acts, 1st Ex, ch 4, §26, 36
CS2001, §476A.29
2010 Acts, ch 1018, §16
C2011, §390.18
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.19 - Public or private sale of bonds and obligations.

390.19 Public or private sale of bonds and obligations.
Public bonds or obligations of an electric power agency may be sold at public or private sale for a price and in a manner determined by the electric power agency.
2001 Acts, 1st Ex, ch 4, §27, 36
CS2001, §476A.30
2010 Acts, ch 1018, §17
C2011, §390.19
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.20 - Public bonds or obligations as suitable investments for governmental units, financial institutions, and fiduciaries.

390.20 Public bonds or obligations as suitable investments for governmental units, financial institutions, and fiduciaries.
The following persons may legally invest any debt service funds, money, or other funds belonging to such person or within such person’s control in any public bonds or obligations issued pursuant to this subchapter:
1. A bank, trust company, savings association, or investment company.
2. An insurance company, insurance association, or any other person carrying on an insurance business.
3. An executor, administrator, conservator, trustee, or other fiduciary.
4. Any other person authorized to invest in bonds or obligations of the state.
2001 Acts, 1st Ex, ch 4, §28, 36
CS2001, §476A.31
2010 Acts, ch 1018, §18
C2011, §390.20
2012 Acts, ch 1017, §77
Investment of public funds; §12B.10
Insurance companies; §511.8, 515.35
Banks; §524.901
Investments by fiduciaries; §636.23
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.22 - Mortgage or trust deed to secure bonds.

390.22 Mortgage or trust deed to secure bonds.
For the security of public bonds or obligations issued or to be issued by an electric power agency, the electric power agency may mortgage or execute deeds of trust of the whole or any part of its property.
2001 Acts, 1st Ex, ch 4, §30, 36
CS2001, §476A.33
2010 Acts, ch 1018, §20
C2011, §390.22
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.23 - No personal liability on public bonds or obligations.

390.23 No personal liability on public bonds or obligations.
An official, director, member of an electric power agency, or any person executing public bonds or obligations shall not be liable personally on the public bonds or obligations or be subject to any personal liability or accountability by reason of the issuance of such public bonds or obligations.
2001 Acts, 1st Ex, ch 4, §31, 36
CS2001, §476A.34
2010 Acts, ch 1018, §21
C2011, §390.23
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 390 - JOINT ELECTRICAL UTILITIES › Section 390.24 - Repurchase of securities.

390.24 Repurchase of securities.
An electric power agency may purchase public bonds or obligations out of any funds available for such purchase, and hold, pledge, cancel, or resell the public bonds or obligations, subject to and in accordance with any agreements with the holders.
2001 Acts, 1st Ex, ch 4, §32, 36
CS2001, §476A.35
2010 Acts, ch 1018, §22
C2011, §390.24