357A.2 - PETITION -- DEPOSIT -- LIMITATION.
357A.2 PETITION -- DEPOSIT -- LIMITATION. A petition may at any time be filed with the auditor requesting the supervisors to incorporate and organize a district encompassing an area, not then included in any other district, in a county or in two or more adjacent counties for the purpose of providing an adequate supply of water for residents of the area who are not served by the water mains of any city water system. There shall be filed with the petition a bond with sureties approved by the auditor, or a certified check, credit union certified share draft or cash in an amount sufficient for the payment of all costs and expenses incurred in the proceedings if the district is not finally established. The petition shall be signed by the owners of at least thirty percent of all real property lying within the outside perimeter of the area designated for inclusion in the proposed district, and shall state: 1. The location of the area, describing such area to be served or specifying the area by an attached map. 2. The reasons a district is needed. 3. A new water service plan describing the cost feasibility and estimated construction schedules. Water services, other than water services provided as of April 1, 1987, shall not be provided within two miles of the limits of a city by a rural water district incorporated under this chapter or chapter 504 except as provided in this section. A rural water district incorporated under this chapter or chapter 504 may give notice of intent to provide water service to a new area within two miles of a city by submitting a water plan to the city. The plan is only required to indicate the area within two miles of the city which the rural water district intends to serve. If the city fails to respond to the rural water district's plan within ninety days of receipt of the plan, the rural water district may provide service in the area designated in the plan. The city may inform the rural water district within ninety days of receipt of the plan that the city requires additional time or information to study the question of providing water service outside the limits of the city. If additional time or information is required, the city shall respond to the rural water district's plan within one hundred eighty days of receipt of the plan. In responding to the plan, the city may waive its right to provide water service within the areas designated for service by the rural water district, or the city may reserve the right to provide water service in some or all of the areas which the rural water district intends to serve. If the city reserves the right to provide water service within some or all of the areas which the rural water district intends to serve, the city shall provide service within four years of receipt of the plan. This section does not preclude a city from providing water service in an area which is annexed by the city.
Section History: Early Form [C71, 73, 75, 77, 79, 81, § 357A.2]
Section History: Recent Form 84 Acts, ch 1055, § 7; 85 Acts, ch 67, § 42; 87 Acts, ch 109, § 2; 91 Acts, ch 134, § 2, 3; 92 Acts, ch 1015, § 3, 4; 95 Acts, ch 77, §2; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, § 393 Referred to in § 331.382, 357A.20, 499.5