Text: HF00177 Text: HF00179 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 178
1 2
1 3 AN ACT
1 4 RELATING TO JOINT BILLING OR COLLECTION OF COMBINED SERVICE
1 5 ACCOUNTS FOR SANITARY DISTRICTS AND A CITY UTILITY OR
1 6 COMBINED UTILITY SYSTEM AND TO DISCONTINUE SERVICE FOR
1 7 DELINQUENCY, AND PROVIDING FOR THE ESTABLISHMENT OF BENE-
1 8 FITED DISTRICTS AND FEES FROM THE CONNECTION OF PROPERTY
1 9 TO THE SANITARY FACILITIES OF A SANITARY DISTRICT.
1 10
1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 12
1 13 Section 1. Section 358.20, unnumbered paragraph 1, Code
1 14 1997, is amended to read as follows:
1 15 Any sanitary district may by ordinance establish just and
1 16 equitable rates, charges, or rentals for the utilities and
1 17 services furnished by the district to be paid to the district
1 18 by every person, firm, or corporation whose premises are
1 19 served by a connection to the utilities and services directly
1 20 or indirectly. The rates, charges, or rentals, as near as may
1 21 be in the judgment of the board of trustees of the district,
1 22 shall be equitable and in proportion to the services rendered
1 23 and the cost of the services, and taking into consideration in
1 24 the case of the premises the quantity of sewage produced
1 25 thereby and its concentration, strength, and pollution
1 26 qualities. The board of trustees may change the rates,
1 27 charges, or rentals from time to time as it may deem
1 28 advisable, and by ordinance may provide for collection. The
1 29 board may contract with any municipality within the district,
1 30 whereby the municipality may collect or assist in collecting
1 31 any of the rates, charges, or rentals, whether in conjunction
1 32 with water rentals or otherwise, and the municipality may
1 33 undertake the collection and render the service. The board of
1 34 trustees may also contract pursuant to chapter 28E with one or
1 35 more city utilities or combined utility systems, including
2 1 city utilities established pursuant to chapter 388, for joint
2 2 billing or collection, or both, of combined service accounts
2 3 for sanitary district services and utility services, and the
2 4 contracts may provide for the discontinuance of one or more of
2 5 the sanitary district services or water utility services if a
2 6 delinquency occurs in the payment of any charges billed under
2 7 a combined service account. The rates, charges, or rentals,
2 8 if not paid when due, shall constitute a lien upon the real
2 9 property served by a connection. The lien shall have equal
2 10 precedence with ordinary taxes, may be certified to the county
2 11 treasurer and collected in the same manner as taxes, and is
2 12 not divested by a judicial sale.
2 13 Sec. 2. Section 358.22, Code 1997, is amended by adding
2 14 the following new unnumbered paragraph:
2 15 NEW UNNUMBERED PARAGRAPH. Subject to the limitations
2 16 otherwise stated in this section, the board of trustees may
2 17 establish one or more benefited districts and schedules of
2 18 fees for the connection of property to the sanitary sewer
2 19 facilities of a sanitary district. Each person whose property
2 20 will be connected to the sanitary sewer facilities of a
2 21 sanitary district shall pay a connection fee to the sanitary
2 22 district, which may include the equitable cost of extending
2 23 sanitary sewer service to the benefited district and
2 24 reasonable interest from the date of construction to the date
2 25 of payment. In establishing the benefited districts and
2 26 establishing and implementing the schedules of fees, the board
2 27 of trustees shall act in accordance with the powers granted to
2 28 a city in section 384.38, subsection 3, and the procedures in
2 29 that subsection. However, all fees collected under this
2 30 paragraph shall be paid to the sanitary district and the
2 31 moneys collected as fees shall be used only by the sanitary
2 32 district to finance improvements or extensions to its sanitary
2 33 sewer facilities, to reimburse the sanitary district for funds
2 34 disbursed by its board of trustees to finance improvements or
2 35 extensions to its sanitary sewer facilities, or to pay debt
3 1 service on obligations issued to finance improvements or
3 2 extensions to its sanitary sewer facilities. This paragraph
3 3 does not apply when a sanitary district annexation plan or
3 4 petition includes annexation of an area adjoining the district
3 5 or a petition has not been presented for a sewer connection.
3 6 Until the annexation becomes effective or the annexation plan
3 7 or petition is abandoned, the state mandate contained in
3 8 section 455B.172, subsections 3, 4, and 5, shall not apply
3 9 unless the property owner requests to be connected to the
3 10 sanitary district's sewer facilities and voluntarily pays the
3 11 connection fee.
3 12 Sec. 3. Section 384.84, subsection 6, Code 1997, is
3 13 amended by adding the following new paragraph:
3 14 NEW PARAGRAPH. c. One or more city utilities or combined
3 15 utility systems, including city utilities established pursuant
3 16 to chapter 388, may contract pursuant to chapter 28E with one
3 17 or more sanitary districts established pursuant to chapter 358
3 18 for joint billing or collection, or both, of combined service
3 19 accounts from utility services and sanitary district services.
3 20 The contracts may provide for the discontinuance of one or
3 21 more of the city water utility services or sanitary district
3 22 services if a delinquency occurs in the payment of any charges
3 23 billed under a combined service account.
3 24
3 25
3 26
3 27 RON J. CORBETT
3 28 Speaker of the House
3 29
3 30
3 31
3 32 MARY E. KRAMER
3 33 President of the Senate
3 34
3 35 I hereby certify that this bill originated in the House and
4 1 is known as House File 178, Seventy-seventh General Assembly.
4 2
4 3
4 4
4 5 ELIZABETH ISAACSON
4 6 Chief Clerk of the House
4 7 Approved , 1997
4 8
4 9
4 10
4 11 TERRY E. BRANSTAD
4 12 Governor
Text: HF00177 Text: HF00179 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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