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PAG LIN
1 1 Section 1. Section 358.20, unnumbered paragraph 1, Code
1 2 1997, is amended to read as follows:
1 3 Any sanitary district may by ordinance establish just and
1 4 equitable rates, charges, or rentals for the utilities and
1 5 services furnished by the district to be paid to the district
1 6 by every person, firm, or corporation whose premises are
1 7 served by a connection to the utilities and services directly
1 8 or indirectly. The rates, charges, or rentals, as near as may
1 9 be in the judgment of the board of trustees of the district,
1 10 shall be equitable and in proportion to the services rendered
1 11 and the cost of the services, and taking into consideration in
1 12 the case of the premises the quantity of sewage produced
1 13 thereby and its concentration, strength, and pollution
1 14 qualities. The board of trustees may change the rates,
1 15 charges, or rentals from time to time as it may deem
1 16 advisable, and by ordinance may provide for collection. The
1 17 board may contract with any municipality within the district,
1 18 whereby the municipality may collect or assist in collecting
1 19 any of the rates, charges, or rentals, whether in conjunction
1 20 with water rentals or otherwise, and the municipality may
1 21 undertake the collection and render the service. The board of
1 22 trustees may also contract pursuant to chapter 28E with one or
1 23 more city utilities or combined utility systems, including
1 24 city utilities established pursuant to chapter 388, for joint
1 25 billing or collection, or both, of combined service accounts
1 26 for sanitary district services and utility services, and the
1 27 contracts may provide for the discontinuance of one or more of
1 28 the sanitary district services or utility services if a
1 29 delinquency occurs in the payment of any charges billed under
1 30 a combined service account. The rates, charges, or rentals,
1 31 if not paid when due, shall constitute a lien upon the real
1 32 property served by a connection. The lien shall have equal
1 33 precedence with ordinary taxes, may be certified to the county
1 34 treasurer and collected in the same manner as taxes, and is
1 35 not divested by a judicial sale.
2 1 Sec. 2. Section 358.22, Code 1997, is amended by adding
2 2 the following new unnumbered paragraph:
2 3 NEW UNNUMBERED PARAGRAPH. Subject to the limitations
2 4 otherwise stated in this section, the board of trustees may
2 5 establish one or more benefited districts and schedules of
2 6 fees for the connection of property to the sanitary sewer
2 7 facilities of a sanitary district. Each person whose property
2 8 will be connected to the sanitary sewer facilities of a
2 9 sanitary district shall pay a connection fee to the sanitary
2 10 district, which may include the equitable cost of extending
2 11 sanitary sewer service to the benefited district and
2 12 reasonable interest from the date of construction to the date
2 13 of payment. In establishing the benefited districts and
2 14 establishing and implementing the schedules of fees, the board
2 15 of trustees shall act in accordance with the powers granted to
2 16 a city in section 384.38, subsection 3, and the procedures in
2 17 that subsection. However, all fees collected under this
2 18 paragraph shall be paid to the sanitary district and the
2 19 moneys collected as fees shall be used only by the sanitary
2 20 district to finance improvements or extensions to its sanitary
2 21 sewer facilities, to reimburse the sanitary district for funds
2 22 disbursed by its board of trustees to finance improvements or
2 23 extensions to its sanitary sewer facilities, or to pay debt
2 24 service on obligations issued to finance improvements or
2 25 extensions to its sanitary sewer facilities. This paragraph
2 26 does not apply when a sanitary district annexation plan or
2 27 petition includes annexation of an area adjoining the district
2 28 or a petition has not been presented for a sewer connection.
2 29 Until the annexation becomes effective or the annexation plan
2 30 or petition is abandoned, the state mandate contained in
2 31 section 455B.172, subsections 3, 4, and 5, shall not apply
2 32 unless the property owner requests to be connected to the
2 33 sanitary district's sewer facilities and voluntarily pays the
2 34 connection fee.
2 35 Sec. 3. Section 384.84, subsection 6, Code 1997, is
3 1 amended by adding the following new paragraph:
3 2 NEW PARAGRAPH. c. One or more city utilities or combined
3 3 utility systems, including city utilities established pursuant
3 4 to chapter 388, may contract pursuant to chapter 28E with one
3 5 or more sanitary districts established pursuant to chapter 358
3 6 for joint billing or collection, or both, of combined service
3 7 accounts from utility services and sanitary district services.
3 8 The contracts may provide for the discontinuance of one or
3 9 more of the city utility services or sanitary district
3 10 services if a delinquency occurs in the payment of any charges
3 11 billed under a combined service account.
3 12 EXPLANATION
3 13 This bill provides that sanitary districts established
3 14 pursuant to chapter 358 may join, under a chapter 28E
3 15 agreement, with city utilities for the purpose of collecting
3 16 sewer rentals. The agreement may also provide for the
3 17 discontinuation of sewer and water services if the accounts
3 18 become delinquent.
3 19 The bill also authorizes the board of trustees of a
3 20 sanitary district to finance capital improvements through the
3 21 imposition of connection fees. A city currently has this
3 22 authority pursuant to section 384.38, subsection 3.
3 23 LSB 1290XS 77
3 24 tj/jj/8
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