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Senate File 2268

Partial Bill History

Bill Text

PAG LIN
  1  1                                        SENATE FILE 2268
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO RURAL WATER SERVICES BY AUTHORIZING RURAL 
  1  5    WATER DISTRICTS TO ENTER INTO AGREEMENTS WITH OTHER 
  1  6    GOVERNMENTAL ENTITIES TO PROVIDE FOR THE OWNERSHIP, 
  1  7    ACQUISITION, CONSTRUCTION, AND EQUIPPING OF SEWER 
  1  8    SYSTEMS, AND AUTHORIZING THE ISSUANCE OF REVENUE 
  1  9    OBLIGATIONS TO FINANCE THE PROJECTS AND PROVIDING 
  1 10    PROCEDURES FOR DETACHING PROPERTY FROM ONE DISTRICT 
  1 11    AND ATTACHING IT TO ANOTHER DISTRICT.
  1 12 
  1 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1 14 
  1 15    Section 1.  Section 357A.11, subsection 11, Code 1997, is
  1 16 amended to read as follows:
  1 17    11.  Have authority to execute an agreement with a
  1 18 governmental entity, including a county, city, sanitary sewer
  1 19 district, or another district, for purposes of managing or
  1 20 administering the governmental entity's works, facilities, or
  1 21 waterways which are useful for the collection, disposal, or
  1 22 treatment of wastewater or sewage and which are located within
  1 23 the jurisdiction of the governmental entity or the district.
  1 24 The board may do what is necessary to carry out the agreement,
  1 25 including but not limited to any of the following:
  1 26    a.  Owning or acquiring by gift, lease, purchase, or grant
  1 27 any interest in real or personal property.
  1 28    b.  Constructing, operating, maintaining, repairing,
  1 29 improving, or equipping any of the works, facilities, or
  1 30 waterways.
  1 31    c.  Financing all or part of the cost of acquiring,
  1 32 constructing, maintaining, repairing, improving, or equipping
  1 33 any works, facilities, or waterways, or refinancing all or
  1 34 part of the cost.  The financing or refinancing shall be
  1 35 accomplished in accordance with the terms and procedures set
  2  1 forth in the applicable provisions of sections 384.24A, 384.83
  2  2 through 384.88, 384.92, and 384.93.  References in those
  2  3 sections to a city shall be applicable to a district and
  2  4 references in those sections to a governing body or a city
  2  5 council shall be applicable to the district's board.
  2  6    Sec. 2.  NEW SECTION.  357A.24  DETACHMENT AND ATTACHMENT
  2  7 OF AREAS BETWEEN DISTRICTS.
  2  8    1.  The boards of two or more districts, or the boards of
  2  9 any district and a rural water system organized under chapter
  2 10 504A, may by concurrent action or agreement join in a petition
  2 11 to detach an area which is not being served by the facilities
  2 12 of one district or system for purposes of being attached to
  2 13 the other district or system.  The concurrent action or
  2 14 agreement may include conditions placed on the effectiveness
  2 15 of the concurrent action or agreement as deemed appropriate by
  2 16 the boards of the districts.
  2 17    2.  The petition shall be filed with the auditor of the
  2 18 county in which the area to be detached is located.  The
  2 19 petition shall include all of the following regarding the area
  2 20 which is the subject of the petition:
  2 21    a.  A description by section, or fraction thereof, and by
  2 22 township and range of the area, in the same manner as provided
  2 23 in section 357A.16.
  2 24    b.  A verification that the area is not being served by the
  2 25 facilities of any district.
  2 26    c.  A statement asserting that the area can be adequately
  2 27 and economically served by the facilities of the district
  2 28 proposing to attach the area.
  2 29    3.  Upon filing the petition, the auditor shall prepare for
  2 30 a hearing on the petition by following the same procedures as
  2 31 provided in section 357A.3.  The notice of the hearing shall
  2 32 include all of the following:
  2 33    a.  The location of the area subject to the petition.
  2 34    b.  The time and place of the hearing as established by the
  2 35 board of supervisors for the county in which the area to be
  3  1 detached is located.
  3  2    c.  That all owners or tenants of real property within the
  3  3 boundaries of the area may appear and be heard.
  3  4    4.  After the hearing the board of supervisors shall order
  3  5 that the area subject to the petition be detached from one
  3  6 district and attached to the other district, if the board
  3  7 determines that all of the following have been satisfied:
  3  8    a.  The petition meets the requirements of this section.
  3  9    b.  The information included in the petition is accurate.
  3 10    c.  Notice required in this section has been provided.
  3 11    d.  The detachment and attachment is in the best interest
  3 12 of the residents of the area subject to the petition.
  3 13    The order shall be published in the same newspaper which
  3 14 published the notice of the hearing.
  3 15    5.  This section does not preclude any procedure for
  3 16 detaching an area from or attaching an area to a district as
  3 17 otherwise provided by law, including this chapter.  
  3 18 
  3 19 
  3 20                                                             
  3 21                               MARY E. KRAMER
  3 22                               President of the Senate
  3 23 
  3 24 
  3 25                                                             
  3 26                               RON J. CORBETT
  3 27                               Speaker of the House
  3 28 
  3 29    I hereby certify that this bill originated in the Senate and
  3 30 is known as Senate File 2268, Seventy-seventh General Assembly.
  3 31 
  3 32 
  3 33                                                             
  3 34                               MARY PAT GUNDERSON
  3 35                               Secretary of the Senate
  4  1 Approved                , 1998
  4  2 
  4  3 
  4  4                         
  4  5 TERRY E. BRANSTAD
  4  6 Governor
     

Text: SF02267                           Text: SF02269
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