389.3 - POWERS AND DUTIES.

        389.3  POWERS AND DUTIES.         Upon adoption of a proposal to establish a joint water utility,      the member cities shall establish a joint water utility board,      consisting of at least five members.  The mayors of the participating      cities shall appoint the members, subject to the approval of the city      councils, and at least one member shall be appointed from each      participating city.  The board shall be responsible for the planning      and operation of a joint water utility, subject to the provisions of      this chapter.         A joint water utility is a political subdivision and an      instrumentality of municipal government.  The statutory powers,      duties, and limitations conferred upon a city utility apply to a      joint water utility, except that title to property of a joint water      utility may be held in the name of the joint water utility.  The      joint water utility board shall have all powers and authority of a      city with respect to property which is held by the joint water      utility.  A joint water utility shall have the power of eminent      domain, including the powers, duties, and limitations conferred upon      a city in chapters 6A and 6B, for the purposes of constructing and      operating a joint water utility.         The joint water utility board may purchase or construct all or      part of any water supply system, and may finance the purchase or      construction.  The board may also contract to sell all or part of the      joint water utility's water supply, including any surplus, to a      public or private agency, or an entity created to carry out an      agreement authorizing the joint exercise of any of the governmental      powers enumerated in section 28F.1.  The board may contract for the      purchase, from any source, of all or a portion of the water supply      requirements of the joint water facility.  A contract may include      provisions for the payment for capacity or output of a facility      whether the facility is completed or operating, and for establishing      the rights and obligations of the parties to the contract in the      event of a default by any of the parties.         Payments made by a joint water utility pursuant to a contract      shall constitute operating expenses of the joint water utility and      shall be payable from the revenues derived from the operation of the      joint water utility.  
         Section History: Recent Form
         91 Acts, ch 168, §4; 2006 Acts, 1st Ex, ch 1001, §33, 49 
         Footnotes
         2006 amendment to unnumbered paragraph 2 takes effect July 14,      2006, and applies to applications for condemnation filed pursuant to      §6B.3 on or after that date; 2006 Acts, 1st Ex, ch 1001, §49