Text: SSB02132                          Text: SSB02134
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Senate Study Bill 2133

Bill Text

  1  1    Section 1.  Section 357A.11, subsection 11, Code 1997, is
  1  2 amended to read as follows:
  1  3    11.  Have authority to execute an agreement with a
  1  4 governmental entity, including a county, city, sanitary sewer
  1  5 district, or another district, for purposes of managing or
  1  6 administering the governmental entity's works, facilities, or
  1  7 waterways which are useful for the collection, disposal, or
  1  8 treatment of wastewater or sewage and which are located within
  1  9 the jurisdiction of the governmental entity or the district.
  1 10 The board may do what is necessary to carry out the agreement,
  1 11 including but not limited to any of the following:
  1 12    a.  Owning or acquiring by gift, lease, purchase, or grant
  1 13 any interest in real or personal property.
  1 14    b.  Constructing, operating, maintaining, repairing,
  1 15 improving, or equipping any of the works, facilities, or
  1 16 waterways.
  1 17    c.  Financing all or part of the cost of acquiring,
  1 18 constructing, maintaining, repairing, improving, or equipping
  1 19 any works, facilities, or waterways, or refinancing all or
  1 20 part of the cost.  The financing or refinancing shall be
  1 21 accomplished in accordance with the terms and procedures set
  1 22 forth in the applicable provisions of sections 384.24A, 384.83
  1 23 through 384.88, 384.92, and 384.93.  References in those
  1 24 sections to a city shall be applicable to a district and
  1 25 references in those sections to a governing body or a city
  1 26 council shall be applicable to the district's board.
  1 29    1.  The boards of two or more districts, or the boards of
  1 30 any district and a rural water system organized under chapter
  1 31 504B, may by concurrent action or agreement join in a petition
  1 32 to detach an area which is not being served by the facilities
  1 33 of one district or system for purposes of being attached to
  1 34 the other district or system.  The concurrent action or
  1 35 agreement may include conditions placed on the effectiveness
  2  1 of the concurrent action or agreement as deemed appropriate by
  2  2 the boards of the districts.
  2  3    2.  The petition shall be filed with the auditor of the
  2  4 county in which the area to be detached is located.  The
  2  5 petition shall include all of the following regarding the area
  2  6 which is the subject of the petition:
  2  7    a.  A description by section, or fraction thereof, and by
  2  8 township and range of the area, in the same manner as provided
  2  9 in section 357A.16.
  2 10    b.  A verification that the area is not being served by the
  2 11 facilities of any district.
  2 12    c.  A statement asserting that the area can be adequately
  2 13 and economically served by the facilities of the district
  2 14 proposing to attach the area.
  2 15    3.  Upon filing the petition, the auditor shall prepare for
  2 16 a hearing on the petition by following the same procedures as
  2 17 provided in section 357A.3.  The notice of the hearing shall
  2 18 include all of the following:
  2 19    a.  The location of the area subject to the petition.
  2 20    b.  The time and place of the hearing as established by the
  2 21 board of supervisors for the county in which the area to be
  2 22 detached is located.
  2 23    c.  That all owners or tenants of real property within the
  2 24 boundaries of the area may appear and be heard.
  2 25    4.  After the hearing the board of supervisors shall order
  2 26 that the area subject to the petition be detached from one
  2 27 district and attached to the other district, if the board
  2 28 determines that all of the following have been satisfied:
  2 29    a.  The petition meets the requirements of this section.
  2 30    b.  The information included in the petition is accurate.
  2 31    c.  Notice required in this section has been provided.
  2 32    d.  The detachment and attachment is in the best interest
  2 33 of the residents of the area subject to the petition.
  2 34    The order shall be published in the same newspaper which
  2 35 published the notice of the hearing.
  3  1    5.  This section does not preclude any procedure for
  3  2 detaching an area from or attaching an area to a district as
  3  3 otherwise provided by law, including this chapter.  
  3  4                           EXPLANATION
  3  5    This bill amends Code section 357A.11, which provides rural
  3  6 water districts with authority to execute agreements with
  3  7 governmental entities for purposes of managing or
  3  8 administering infrastructure used in the collection, disposal,
  3  9 or treatment of wastewater or sewage.
  3 10    This bill provides that a rural water district may execute
  3 11 an agreement with a sanitary sewer district.  The bill also
  3 12 provides that in carrying out the agreement, the board of the
  3 13 district may own or acquire an interest in real property;
  3 14 provide for construction, maintenance, and improvement of the
  3 15 facilities; and finance all or part of the construction,
  3 16 maintenance, or improvement costs.
  3 17    The bill also provides for a procedure for rural water
  3 18 districts, or rural water districts and nonprofit
  3 19 organizations which operate rural water systems, to detach an
  3 20 area from one district and attach it to another district or
  3 21 system.  The petition must be filed in the county where the
  3 22 area in the petition is located.  The county board of
  3 23 supervisors for the county must approve the petition after a
  3 24 public hearing, after determining that detachment and
  3 25 attachment is in the best interest of the residents of the
  3 26 area.  The bill provides procedures for filing the petition
  3 27 and conducting the hearing.  
  3 28 LSB 3649XC 77
  3 29 da/jl/8

Text: SSB02132                          Text: SSB02134
Text: SSB02100 - SSB02199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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