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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