Text: SSB02132 Text: SSB02134 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 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 thegovernmental entity'sworks, 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 27 Sec. 2. NEW SECTION. 357A.24 DETACHMENT AND ATTACHMENT 1 28 OF AREAS BETWEEN DISTRICTS. 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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