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House Study Bill 16

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 357A.2, unnumbered paragraph 3, Code
  1  2 1995, is amended to read as follows:
  1  3    The petition shall be signed by the owners of at least
  1  4 fifty thirty percent of all real property lying within the
  1  5 outside perimeter of the area designated for inclusion in the
  1  6 proposed district, and shall state:
  1  7    Sec. 2.  Section 357A.8, subsection 1, Code 1995, is
  1  8 amended to read as follows:
  1  9    1.  For an annual meeting of participating members between
  1 10 January 1 and March May 1 of each year following the year of
  1 11 incorporation of the district, and for the mailing of written
  1 12 notice of the time and place of each annual meeting to each
  1 13 participating member and publication of such the notice in a
  1 14 newspaper of general circulation in the district not less than
  1 15 ten nor more than thirty days prior to each meeting.
  1 16    Sec. 3.  Section 357A.20, unnumbered paragraph 1, Code
  1 17 1995, is amended to read as follows:
  1 18    A nonprofit corporation incorporated under chapter 504A for
  1 19 the specific purpose of operating a rural water system may
  1 20 petition the supervisors for incorporation of a district, in
  1 21 the manner provided by section 357A.2.  The signatures of the
  1 22 corporation's officers on the petition and a resolution
  1 23 adopted by the corporation's board of directors approving the
  1 24 petition shall suffice in lieu of signatures of owners of
  1 25 fifty thirty percent of the real property in the proposed
  1 26 district, if the corporation presents evidence satisfactory to
  1 27 the supervisors that a sufficient number of members of the
  1 28 proposed district will subscribe to benefit units to make its
  1 29 operation feasible.  The procedure for hearing and
  1 30 determination of disposition of the petition shall be as
  1 31 provided by this chapter.  
  1 32                           EXPLANATION
  1 33    Section 1 of this bill changes the percentage, from 50
  1 34 percent to 30 percent, of real property located within the
  1 35 proposed boundaries of a water district whose owners must
  2  1 petition the county board of supervisors for inclusion in a
  2  2 water district.  The petition must still be filed with the
  2  3 county auditor and the supervisors will have to set a hearing
  2  4 on the question of inclusion.  Chapter 357A provides for
  2  5 publication of notice of the hearing, opportunity to be heard,
  2  6 and modification, approval, or disapproval of the petition.
  2  7    Section 2 changes the final authorized date for an annual
  2  8 meeting of the members of a rural water district from March 1
  2  9 to May 1.
  2 10    Section 3 is a corresponding amendment to section 1.  
  2 11 LSB 1660HC 76
  2 12 tj/jj/8
     
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