Text: SSB00178 Text: SSB00180 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 357A.2, unnumbered paragraph 5, Code 1 2 1997, is amended to read as follows: 1 3 A rural water district incorporated under this chapter or 1 4 chapter 504A may give notice of intent to provide water 1 5 service to a new area within two miles of a city by submitting 1 6 a water plan to thecitygoverning body of the water utility 1 7 of the city indicating the estimated start date and completion 1 8 date of the proposed construction. The plan isonlyrequired 1 9 to indicate the area within two miles of the city which the 1 10 rural water district intends to serve by identifying 1 11 individual tracts, by describing the boundaries of the area, 1 12 or by identifying the sections or parts of the sections 1 13 occupied by potential customers in the area to be served. The 1 14 plan shall indicate the route of the proposed water 1 15 distribution system. If the city fails to respond to the 1 16 rural water district's plan within ninety days of receipt of 1 17 the plan, the rural water district may provide service in the 1 18 area designated in the plan. If the rural water district 1 19 fails to provide water service in the area designated in the 1 20 plan or any part of the area designated in the plan, within 1 21 two years of the notice of intent to provide water service, 1 22 then the rural water district's right to serve is void and a 1 23 new notice of intent may be submitted. The city may inform 1 24 the rural water district within ninety days of receipt of the 1 25 plan that the city requires additional time or information to 1 26 study the question of providing water service outside the 1 27 limits of the city. If additional time or information is 1 28 required, the city shall respond to the rural water district's 1 29 plan within one hundred eighty days of receipt of the plan. 1 30 In responding to the plan, the city may waive its right to 1 31 provide water service within the areas designated for service 1 32 by the rural water district, or the city may reserve the right 1 33 to provide water service in some or all of the areas which the 1 34 rural water district intends to serve. If the city reserves 1 35 the right to provide water service within some or all of the 2 1 areas which the rural water district intends to serve, the 2 2 city shall provide service within four years of receipt of the 2 3 plan to those customers who submit a written request for water 2 4 service. This section does not preclude a city from providing 2 5 water service in an area which is annexed by the city. 2 6 Sec. 2. Section 357A.21, Code 1997, is amended by striking 2 7 the section and inserting in lieu thereof the following: 2 8 357A.21 ANNEXATION OF LAND BY A CITY – ARBITRATION. 2 9 1. A water district organized under chapter 357, 357A, 2 10 499, or 504A shall be fairly compensated for losses resulting 2 11 from annexation. The governing body of a city water utility 2 12 and the board of directors or trustees of the water district 2 13 may agree to terms which provide that the facilities owned by 2 14 the water district and located within the annexed are of the 2 15 city shall be retained by the water district for the purpose 2 16 of transporting water to customers outside the city. However, 2 17 if such an agreement is not reached, the water district shall 2 18 submit to the governing body of the city water utility a 2 19 written itemized inventory of the facilities and the value of 2 20 the facilities that serve the customers within an annexed area 2 21 within ninety days of the date of notice of annexation by the 2 22 governing body of the city water utility. The governing body 2 23 of the city water utility may purchase the facilities at the 2 24 value submitted by the water district or negotiate a purchase 2 25 price. If an agreement is not reached within ninety days from 2 26 the date that the water district gives notice of the value of 2 27 its facilities, the issue may be submitted to arbitration. 2 28 2. If the issue is submitted to arbitration, an arbitrator 2 29 shall be selected by a committee which includes one member of 2 30 the governing body of the city water utility or its designee, 2 31 one member of the water district's board of directors or 2 32 trustees or its designee, and a disinterested party selected 2 33 by the other two members of the committee. A list of 2 34 qualified arbitrators may be obtained from the American 2 35 arbitration association or other recognized arbitration 3 1 organization or association. 3 2 3. The arbitrator shall consider all evidence submitted by 3 3 the parties including the value of a water distribution system 3 4 to the fire protection provided by a city. The final report 3 5 of the arbitrator shall establish a value of the facilities 3 6 within ninety days after the date that the issue was submitted 3 7 to arbitration. If the findings of the arbitrator are 3 8 rejected by either of the parties, the governing body of the 3 9 city water utility may serve notice on the water district that 3 10 prohibits the expansion of water service to additional water 3 11 customers in the annexed area without specific written 3 12 permission. The governing body of the city water utility may 3 13 provide service to any person requesting water service in the 3 14 annexed area. 3 15 EXPLANATION 3 16 This bill provides procedures for giving notice of intent 3 17 to a city water utility by a rural water district which plans 3 18 to provide water service within two miles of a city. The 3 19 rural water district is to notify the city of the estimated 3 20 date of starting construction to provide service in the area 3 21 and the proposed completion date. The water plan submitted by 3 22 the rural water district is to identify tracts and customers 3 23 to be served in the area and the route of the proposed water 3 24 distribution system. If the rural water district fails to 3 25 provide the water service within two years, the district's 3 26 right to provide service in the area is void. A new notice of 3 27 intent has to be submitted to the city. 3 28 The bill also provides additional procedures to determine 3 29 fair compensation for rural water district facilities that are 3 30 lost by annexation. The rural water district is to provide 3 31 the city water utility with an itemized inventory of the 3 32 facilities and its value within 90 days of notice of 3 33 annexation by the city water utility. The city water utility 3 34 may purchase the facilities for the value submitted by the 3 35 rural water district, negotiate another price, or request 4 1 arbitration. The arbitrator is to submit its valuation of the 4 2 facilities within 90 days. If any party refuses the 4 3 arbitration decision, the city may refuse permission for any 4 4 expansion of water service to be provided by the rural water 4 5 district in the annexed area. 4 6 LSB 2233SC 77 4 7 tj/jj/8
Text: SSB00178 Text: SSB00180 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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