Cities can now charge a 5 percent franchise fee for gas and electric utilities under a bill signed into law by Gov. Chet Culver, easing but not solving budget problems for Iowa’s capitol city.
Des Moines City Manager Rick Clark told The Des Moines Register that the city would face a $5 million budget shortfall in 2011, up from an estimated $3.5 million. The city will reach out to its employees to seek salary and benefit cuts to help close the gap. But, if the legislature had not stepped in and officially legalized franchise fees, the city’s budget problems could have become catastrophic.
In 2004, Des Moines resident Lisa Kragnes sued the city saying the franchise fee was an illegal tax. The case, which received class certification for all Des Moines residents and businesses, is now in the hands of a District Court Judge. If the judge rules against Des Moines it could be forced to repay millions of dollars in refunds to customers.
The fee brings in about $12.6 million annually.
The new legislation ensures that even if Des Moines is forced to repay past fees it can still collect in the future, avoiding an even bigger hole being punched into its budget. In addition to Des Moines, 25 other cities in Iowa charge a franchise fee, which is designed to help cover the costs of operating, maintaining and regulating a utility. Supporters of the franchise fee say it helps ease the property-tax burden by spreading the cost of government services to nonprofits and other entities that don’t pay property taxes.
According to The Register, Des Moines cut its 2010 budget by $14 million with a mix of job cuts, privatization, salary freezes and expense reductions.
The franchise fee was included in the catch-all standings bill passed on the final day of the legislative session.