Text: HF00453 Text: HF00455 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 357A.2, Code 1997, is amended to read 1 2 as follows: 1 3 357A.2 PETITION – DEPOSIT – LIMITATION. 1 4 1. A petition mayat any timebe filed at any time with 1 5 the auditor requesting the supervisors to incorporate and 1 6 organize a district encompassing an area, not then included in 1 7 any other district, in a county or in two or more adjacent 1 8 counties for the purpose of providing an adequate supply of 1 9 water for residents of the area who are not served by the 1 10 water mains of any city water system. 1 11 2. There shall be filed with the petition a bond with 1 12 sureties approved by the auditor, or a certified check, credit 1 13 union certified share draft or cash in an amount sufficient 1 14 for the payment of all costs and expenses incurred in the 1 15 proceedings, if the district is not finally established. 1 16 3. The petition shall be signed by the owners of at least 1 17 thirty percent of all real property lying within the outside 1 18 perimeter of the area designated for inclusion in the proposed 1 19 district, and shall state all of the following: 1 201.a. The location of the area, describing such area to be 1 21 served or specifying the area by an attached map. 1 222.b. The reasons a district is needed. 1 233.c. A new water service plan describing the cost 1 24 feasibility and estimated construction schedules. 1 25 4. Water services, other than water services provided as 1 26 of April 1, 1987, shall not be provided within two miles of 1 27 the limits of a city by a rural water district incorporated 1 28 under this chapter or chapter 504A except as provided in this 1 29 section. 1 30 5. A rural water district incorporated under this chapter 1 31 or chapter 504A maygiveprovide notice of its intent to 1 32 provide water service to a new area within two miles of a city 1 33 by submitting a water plan to the governing body of the water 1 34 utility of the city. The planis only required toshall 1 35 indicate all of the following: 2 1 a. The estimated start date and completion date of the 2 2 proposed construction. 2 3 b. The area withintwo miles of the citythe two-mile area 2 4 which the rural water district intends to serve, by 2 5 identifying individual tracts of land, describing the 2 6 boundaries of the area, or identifying the sections or parts 2 7 of sections occupied by the customers in the area. 2 8 c. The route of the proposed water distribution system. 2 9 If the city fails to respond to the rural water district's 2 10 plan within ninety days of receipt of the plan, the rural 2 11 water district may provide service in the area designated in 2 12 the plan. If the rural water district fails to provide water 2 13 service in the area designated in the plan or any part of the 2 14 area designated in the plan within two years of the notice of 2 15 intent to provide water service, the rural water district's 2 16 right to serve the area or the part of the area not served is 2 17 terminated until the rural water district submits a new notice 2 18 as provided in this section. The city may inform the rural 2 19 water district within ninety days of receipt of the plan that 2 20 the city requires additional time or information to study the 2 21 question of providing water service outside the limits of the 2 22 city. If additional time or information is required, the city 2 23 shall respond to the rural water district's plan within one 2 24 hundred eighty days of receipt of the plan. In responding to 2 25 the plan, the city may waive its right to provide water 2 26 service within theareasarea designated for service by the 2 27 rural water district, or the city may reserve the right to 2 28 provide water service in some or all of theareas which the2 29rural water district intends to servearea. If the city 2 30 reserves the right to provide water service within some or all 2 31 of theareas which the rural water district intends to serve2 32 area, the city shall provide service within four years of 2 33 receipt of the plan to those customers who submit a written 2 34 request for water service to the city. This section does not 2 35 preclude a city from providing water service in an area which 3 1 is annexed by the city. 3 2 Sec. 2. Section 357A.21, Code 1997, is amended to read as 3 3 follows: 3 4 357A.21 ANNEXATION OF LAND BY A CITY – ARBITRATION. 3 5 A water district organized under chapter 357, 357A, 499, or 3 6 504A shall be fairly compensated for losses resulting from 3 7 annexation.The governing body of a city or water utility and3 8the board of directors or trustees of the water district may3 9agree to terms which provide that the facilities owned by the3 10water district and located within the city shall be retained3 11by the water district for the purpose of transporting water to3 12customers outside the city. IfThe water district shall 3 13 submit in writing to the governing body of the city water 3 14 utility an itemized inventory of the facilities and the value 3 15 of the facilities that serve the customers within the annexed 3 16 area within ninety days from the date that the water district 3 17 receives notice by the governing body of the city water 3 18 utility of the annexation. The governing body of the city 3 19 water utility may purchase the facilities at the value 3 20 submitted by the water district or pursuant to an agreement 3 21 negotiated by the parties. The issue may be submitted to 3 22 arbitration if an agreement is not reached within ninety days,3 23the issues may be submitted to arbitrationfrom the date that 3 24 the governing body of the city water utility receives or the 3 25 last date that it may receive the written submission by the 3 26 water district of the value of the water district's 3 27 facilities, whichever is earlier. If the issue is submitted 3 28 to arbitration, an arbitrator shall be selected by a committee 3 29 whichincludesshall include one member of the governing body 3 30 of the city or its designee, one member of the water 3 31 district's board of directors or trustees or its designee, and 3 32 a disinterested party selected by the other two members of the 3 33 committee. A list of qualified arbitrators may be obtained 3 34 from the American arbitration association or other recognized 3 35 arbitration organization or association. The arbitrator shall 4 1 consider all evidence submitted by the parties, including the 4 2 value of a water distribution system to the fire protection 4 3 provided by the city. The arbitrator shall determine a value 4 4 of the facilities within ninety days from the date that the 4 5 issue was submitted for arbitration. If the arbitrator's 4 6 determination is rejected by either party, the governing body 4 7 of the city water utility may prohibit the expansion of water 4 8 service by the water district to additional water customers 4 9 within the annexed area without its specific written 4 10 permission. The prohibition becomes effective upon delivery 4 11 of a written notice by the governing body of the city water 4 12 utility to the water district. The governing body of the city 4 13 water utility may provide water service to any person 4 14 requesting water service in the annexed area. The governing 4 15 body of the city water utility and the board of directors or 4 16 trustees of the water district may agree to terms which 4 17 provide that the facilities owned by the water district and 4 18 located within the city shall be retained by the water 4 19 district for the purpose of transporting water to customers 4 20 outside the city. 4 21 EXPLANATION 4 22 This bill amends Code sections 357A.2 and 357A.21 which 4 23 provide for resolving conflicts within areas which may be 4 24 served by a rural water district and a city's water utility. 4 25 Code section 357A.2 involves a rural water district which 4 26 elects to provide water to a new area within two miles of a 4 27 city. The district must notify the city of the district's 4 28 intention to expand its service, by submitting a water plan. 4 29 The burden is then placed upon the city to respond to the 4 30 plan. This bill amends section 357A.2 to require more 4 31 information in the plan, including construction dates, a 4 32 description of the area to be served, and the route of the 4 33 proposed water distribution system. The bill also provides 4 34 that if the district fails to provide water service in the 4 35 area within two years from the time it submitted its notice, 5 1 the district's right to serve the area is terminated until the 5 2 district submits a new notice. 5 3 Code section 357A.21 involves an area annexed by a city. 5 4 Code section 357A.21 provides for compensating a water 5 5 district for losses resulting from the annexation. If an 5 6 agreement cannot be reached between the parties, the section 5 7 provides for arbitration. The bill provides procedures to 5 8 allow the parties to reach an agreement regarding the purchase 5 9 price of the district's facilities prior to arbitration. The 5 10 bill provides procedures for arbitration and requires that the 5 11 arbitrator consider certain factors, specifically, the value 5 12 of a water distribution system to the fire protection provided 5 13 by the city. The bill provides that either party may reject 5 14 the arbitrator's determination. The bill provides that if the 5 15 arbitrator's findings are rejected, the city water utility may 5 16 prohibit the expansion of water service by the water district 5 17 to additional water customers within the annexed area without 5 18 its specific written permission. The bill provides that the 5 19 governing body of the city water utility may provide water 5 20 service to any person requesting water service in the annexed 5 21 area. 5 22 LSB 2580HH 77 5 23 da/sc/14
Text: HF00453 Text: HF00455 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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