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28f-14
28F.14 HYDROELECTRIC UTILITIES -- EMINENT DOMAIN --
CONTRACTS.
As used in this section, "hydroelectric utility" means an
entity comprised of any number of public agencies or entities created
to carry out an agreement authorizing the joint exercise of any of
the governmental powers enumerated in section 28F.1, which owns or
operates or proposes to own or operate all or part of a hydroelectric
power facility or the capacity or use of a hydroelectric power
facility.
In addition to other powers, a hydroelectric utility having
complied with chapter 469A shall have the power of eminent domain for
the purposes of constructing a hydroelectric utility but before
exercising the power it shall first exhaust all efforts to secure the
necessary voluntary easements. The hydroelectric utility shall
comply with provisions of law then in effect, including section
28F.11, and applicable to those public agencies comprising the
hydroelectric utility in connection with the construction of
hydroelectric power facilities.
In addition to other powers, the governing body of a hydroelectric
utility may purchase all or part of any power plant and may purchase
all or part of the capacity, power or energy associated with any
power plant owned by, or contract to sell all or part of the
hydroelectric utility's power and energy including any surplus to, a
public agency 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. Any such entity, public agency,
or hydroelectric utility may enter into contracts for the purchase or
supply, from any source, of all or a portion of the capacity, power
and energy requirements of the entity, public agency or hydroelectric
utility on terms and conditions as the governing body of the entity,
public agency or hydroelectric utility deems fit, subject to section
476.43. The terms 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 all
parties to the contract in the event of default. Payments made by an
entity, public agency or hydroelectric utility under contracts
constitute operating expenses of the entity, public agency or
hydroelectric utility payable from the revenues derived from the
electric power plant and systems of the entity, public agency or
hydroelectric utility. Section History: Recent Form
85 Acts, ch 78, §1
