Text: HF00078 Text: HF00080 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 357A.23, Code 2001, is amended to read 1 2 as follows: 1 3 357A.23 CITY SEWER AND WATER FRANCHISE AUTHORIZED. 1 4 Notwithstanding section 364.2, subsection 4, paragraph "a", 1 5 for the purposes of obtaining or qualifying for federal 1 6 funding, a city may grant a franchise to a rural water 1 7 district incorporated under this chapter or chapter 504A, for 1 8 a term of not more than forty years. In addition to the 1 9 franchises listed in section 364.2, subsection 4, paragraph 1 10 "a", a city may grant a franchise to a rural water district 1 11 incorporated under this chapter or chapter 504A, to erect, 1 12 maintain, and operate plants and systems for sewer services. 1 13 A rural water district or rural water association incorporated 1 14 under this chapter or chapter 504A, which only provides water 1 15 service to cities, benefited fire districts, or townships, 1 16 through agreements, including emergency agreements, wholesale 1 17 or bulk supply agreements, or franchise agreements, pursuant 1 18 to a purchase or donation, shall not be liable for any claim, 1 19 including a claim against the district or association for 1 20 failure to provide or maintain fire hydrants or an adequate 1 21 supply of water or water pressure for fighting fires, based 1 22 upon or arising out of an act or omission in connection with 1 23 the use of the water for fire protection purposes. All 1 24 provisions of section 364.2 shall otherwise apply to a 1 25 franchise granted to a rural water district. 1 26 EXPLANATION 1 27 This bill provides that a rural water district or rural 1 28 water association which is incorporated and organized pursuant 1 29 to Code chapter 357A or 504A is immune from liability for any 1 30 claim based on or arising out of an act or omission in 1 31 connection with the provision of water for fire protection by 1 32 a city, township, or benefited fire district, whether the 1 33 water is provided pursuant to a franchise or otherwise. 1 34 LSB 1693HH 79 1 35 tj/cf/24
Text: HF00078 Text: HF00080 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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