reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.15 - Inadequate assessment.

357.15 Inadequate assessment.
When bids have been received, if it is apparent that the final assessment will need to be increased more than ten percent over the preliminary assessment, the board of supervisors shall, at its option, reject bids and readvertise for bids as provided herein, or reject bids and revise the dummy assessment. If the dummy assessment is revised, another election shall be held within the district in the same manner and with the same notices as the first, except that the candidates for trustees shall not be voted for.
[C39, §5526.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.15]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.16 - Second election.

357.16 Second election.
If the majority of the votes cast at said second election be in favor of said improvement, the board of supervisors shall again advertise for bids in the same manner as before. If the bids at the second letting will not necessitate raising the second preliminary assessment more than ten percent, the board may let the contract to the lowest responsible bidder.
[C24, 27, 31, 35, §5524; C39, §5526.16; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.16]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.17 - Bond of contractor.

357.17 Bond of contractor.
1. The successful bidder, when awarded a contract, shall be required to give an approved surety bond for one hundred percent of the contract price, guaranteeing completion of the work in accordance with the plans and specifications, and for maintenance, including backfilling, for one year after the final acceptance of the work.
2. If the contractor fails to complete the work as provided in the contract, abandons the work, or fails to proceed in a reasonable manner toward its final completion, the board may proceed against the contractor and surety as provided in sections 468.104 and 468.105.
[C39, §5526.17; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.17]
2020 Acts, ch 1062, §49
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.18 - Acceptance of work.

357.18 Acceptance of work.
When in the opinion of the engineer in charge, the construction in any benefited water district has been completed in accordance with the plans, specifications, and contract, the engineer shall certify this fact to the board of supervisors, and recommend the acceptance of the work by the said board. The board of supervisors shall proceed in accordance with sections 468.101 and 468.102.
[C39, §5526.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.18]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.19 - Completing assessment.

357.19 Completing assessment.
After the final acceptance of the work by the board of supervisors, the engineer shall complete the final assessment, which shall be made on all the property within the district, whether abutting or not, for an amount approximately ten percent greater than the total cost of the project. The assessment shall not exceed benefits conferred and shall take into consideration the location and value of the property assessed. Where a pipe in excess of six inches in diameter is used, the assessment against the abutting property shall be limited to the cost of a six-inch pipe, and the difference between the cost of the pipe used and a six-inch pipe shall be paid by a uniform assessment against all benefited property within the water district. The final assessment on any lot or parcel of land shall not exceed the final preliminary assessment by more than ten percent, and shall in no case exceed twenty-five percent of the actual value of the property. The board of supervisors may alter an assessment to increase or decrease it within the limits outlined above, and must approve by resolution the final assessment as made.
[C24, 27, 31, 35, §5522; C39, §5526.19; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.19]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.20 - Due date — bonds.

357.20 Due date — bonds.
Assessments of five hundred dollars or less will come due at the first taxpaying date after the approval of the final assessment, and assessments of more than five hundred dollars may be paid in ten annual installments with interest on the unpaid balance at a rate not exceeding that permitted by chapter 74A. The board of supervisors shall issue bonds against the completed assessment in an amount equal to the total cost of the project, so that the amount of the assessment will be approximately ten percent greater than the amount of the bonds.
[C24, 27, 31, 35, §5522; C39, §5526.20; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.20]
99 Acts, ch 83, §5; 2012 Acts, ch 1138, §98
Referred to in §357.21, 357.35
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.21 - Substance of bonds.

357.21 Substance of bonds.
1. Each of the bonds issued under section 357.20 shall meet all of the following requirements:
a. The bond shall be numbered.
b. The bond shall have printed upon its face that it is a benefited water district bond, stating the county and the number of the district for which it is issued, and the date of maturity.
c. The bond shall state that it is issued pursuant to a resolution of the board of supervisors, and that it is to be paid for only from a special assessment and taxes levied as provided under section 357.22 for that purpose within the district for which the bond is issued.
2. The provisions of sections 468.76 and 468.78 shall govern the issuance of these bonds except that the contractor will not be paid anything on the work until its completion and final acceptance.
[C39, §5526.21; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.21]
2022 Acts, ch 1021, §90
Referred to in §357.35
Section amended
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.22 - Lien of assessments — tax.

357.22 Lien of assessments — tax.
When the assessment has been completed, the bonds have been sold and delivered to the county auditor, and the schedule of assessment has been delivered to the county treasurer, the installments due thereon shall be collected in the same manner as ordinary taxes and shall constitute a lien on the property against which they are made. If the treasurer does not receive sufficient funds to enable the treasurer to pay the interest and retire the bonds as they become due, the auditor shall levy an annual tax of eighty-one cents per thousand dollars of assessed value of all taxable property within the district to pay such deficiency, and the county treasurer shall apply the proceeds of such levy to the payment of the bonds and the interest on the same so long as the bonds are in arrears on either interest or principal.
[C24, 27, 31, 35, §5525; C39, §5526.22; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.22]
2010 Acts, ch 1118, §8
Referred to in §331.559, 357.21, 357.35
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.23 - Surplus.

357.23 Surplus.
The board of supervisors shall be required to levy the annual tax of eighty-one cents per thousand dollars of assessed value of taxable property so long as the bonds are in arrears.
[C39, §5526.23; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.23]
Referred to in §357.35
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.24 - Fee of engineer.

357.24 Fee of engineer.
The fee for engineering services shall be fixed by the board of supervisors and the engineer may be paid either a percentage or a per diem from proceeds of the bond sale or by cash from the contractor, if the contractor takes bonds in settlement for the contractor’s work under the contract.
[C39, §5526.24; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.24]
2021 Acts, ch 80, §230
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.25 - Management by trustees.

357.25 Management by trustees.
After the final acceptance of the work by the board of supervisors, the management of the utility shall automatically go to the three trustees previously appointed by the board of supervisors. The trustees of a benefited water district located in a county with a population of two hundred fifty thousand or less shall have power to levy an annual tax not to exceed thirteen and one-half cents per thousand dollars of assessed value of all taxable property in the district, for the maintenance of the system. However, the trustees of a benefited water district located in a county with a population of more than two hundred fifty thousand may levy an annual tax on the taxable value of all taxable property in the district in an amount as may be necessary for the maintenance of the system, with the approval of the board of supervisors. This levy shall be optional with the trustees. The trustees may purchase material and employ labor to properly maintain and operate the utility. The trustees shall be allowed necessary expenses in the discharge of their duties, but shall not receive any salary.
[C24, 27, 31, 35, §5526; C39, §5526.25; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §357.25; 81 Acts, ch 123, §1]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.26 - Duties of trustees.

357.26 Duties of trustees.
It is anticipated that this chapter will usually be utilized to finance a distribution system where the source of supply is without the district, and not under its control, and that individuals within the district will pay water rent to a municipality or corporation without the district. It is intended that the trustees may so operate the utility as will best serve the users, and they are expressly authorized to buy and sell water, to fix the rates to consumers and make all contracts reasonable or necessary to accomplish the purpose of this chapter and to carry on all the operations incident to maintaining and operating said utility and to the procuring and furnishing of water to the consumers in the district. If the development of a source of supply is within the means of the district, the trustees may install wells, tanks, meters, and any other equipment properly pertaining to operate the utility.
[C39, §5526.26; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.26]
2020 Acts, ch 1063, §188; 2021 Acts, ch 80, §231
Referred to in §357.35
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.27 - Public property in district.

357.27 Public property in district.
Whenever property of the state of Iowa, or any political subdivision thereof, shall be included either wholly or in part within the water district and the state of Iowa or the political subdivision owns facilities which may be used as a part of such water system, the executive council, board of supervisors, or city council, as the case may be, may permit the use of the facilities for such consideration and on such terms as may be agreed upon with the board of trustees.
[C39, §5526.27; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.27]
2020 Acts, ch 1063, §189
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.28 - Private mains — additional assessments.

357.28 Private mains — additional assessments.
1. Any person or persons within any water district, who may, after the initial installation of the improvement in any such district, desire to construct additional mains, and who have been assessed on the original assessment, may with the consent of the trustees, connect such lateral mains as they desire with the original system to serve property within the district which has been assessed, provided that the entire cost thereof shall be borne by the parties so interested.
2. The trustees shall have power to make additional assessments on unimproved lots or parcels of land within the district when said unimproved lots or parcels are improved and ready to receive the full benefits of the district. This additional assessment shall be determined and fixed by the trustees and shall not exceed the average assessment for improved property in said districts less the original assessment on said unimproved lots or parcels. Said assessments shall be paid to the county treasurer before service pipes are laid into said improvement. The assessment shall be put in the benefited water district fund of the district of which said lots or parcels are a part and shall be used by the county treasurer for the retirement of bonds and interest. When the bonds are all retired, the trustees shall be authorized to use said fund for maintenance purposes, changing size of mains, eliminating dead ends, or extending mains for the benefit of the district.
[C39, §5526.28; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.28]
2020 Acts, ch 1062, §94
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.29 - Subdistricts.

357.29 Subdistricts.
1. If the cost of the desired extensions will be as much as five thousand dollars, the interested parties may petition the board of supervisors to organize a subdistrict, and in such case the board shall proceed in the same manner as for a new district, and may take in territory not originally assessed.
2. The board of supervisors shall have power at any time to alter the boundaries of any district prior to the time of posting or publishing notice of the election within the district.
[C24, 27, 31, 35, §5522; C39, §5526.29; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.29]
2020 Acts, ch 1062, §94
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.30 - Additional territory.

357.30 Additional territory.
When the district is under the control of trustees, they are empowered to deal with parties without the district who desire to be taken into the district or to obtain water from the district and determine the amount to be assessed against said district to be taken in or connected with. The trustees shall have power in such cases to make agreements for the district, and may, with the consent of the board of supervisors, alter the district boundaries to take in additional territory. No lot or parcel of land shall be put out of a district without the consent of the owner, after it has paid any assessment to the district.
[C24, 27, 31, 35, §5522; C39, §5526.30; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.30]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.31 - Right-of-way.

357.31 Right-of-way.
The board of supervisors shall have power to condemn, in the same manner as provided for the condemnation of land, right-of-way through private property, sufficient for the construction and maintenance of water mains. The cost of such right-of-way shall constitute a part of the expense of the improvement and shall be covered by the special assessment.
[C39, §5526.31; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.31]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.32 - Record book.

357.32 Record book.
The board of supervisors shall provide a record book which shall be in the custody of the auditor, in which shall be kept a full and complete record of the proceedings relative to water districts, so arranged and indexed, as to enable any proceedings relative to any district to be readily examined.
[C24, 27, 31, 35, §5524; C39, §5526.32; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.32]
Referred to in §331.508
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.33 - Appeal procedure.

357.33 Appeal procedure.
Any person aggrieved may appeal from any final action of the board of supervisors in relation to any matter involving the person’s rights to the district court of the county in which the district is located. The procedure in such appeals shall be governed by the provisions of sections 468.84 through 468.98 provided that whenever in those sections the words “drainage district” occur, the words “benefited water district” shall be substituted.
[C39, §5526.33; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.33]
2019 Acts, ch 59, §109; 2022 Acts, ch 1021, §91
Section amended
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.34 - Conveyance of district to city.

357.34 Conveyance of district to city.
1. Where a city is situated wholly or partly within a benefited water district or the source of supply for such benefited water district is a municipal water system, the board of supervisors having jurisdiction of said benefited water district, at the request of the trustees of said benefited water district, may, by proper resolution, convey unto said city any and all rights which said board of supervisors may have in and to said benefited water district. Said conveyance, however, shall not become effective until all existing obligations against said district have been completely and fully discharged and such conveyance accepted and confirmed by a resolution of the council of said city or of the board of waterworks trustees of said city if there be one, specially passed for such purpose.
2. Upon acceptance, the district, including the plant and distribution system, as well as all funds and credits shall become the property of said city and be operated and used by it to the same extent as if acquired under such provisions of law under which said city is then operating its waterworks. Also, the offices of the trustees as provided in this chapter shall be abolished upon acceptance by the city and their duties as such shall immediately cease.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §357.34]
2020 Acts, ch 1062, §94
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357 - WATER DISTRICTS › Section 357.35 - Merging existing districts.

357.35 Merging existing districts.
When the source of supply for a benefited district is obtained wholly or partly through another benefited district or if districts are supplied with their water from a common source, the board of supervisors having jurisdiction of those benefited districts, shall, upon ten days’ written notice to the trustees, hold a hearing relative to the establishment of a single benefited water district with a boundary encompassing all the area within the subject districts. If the board finds the residents and property owners in the proposed district would be benefited, it may establish the single district by resolution. In the case of districts with outstanding warrants in excess of the anticipated revenues and cash balance within the district fund, an assessment shall be drawn up by the auditor for an amount approximately fifty-five percent of the total indebtedness of the district and the board of supervisors must approve by resolution the final assessment as made and cause bonds to be issued at approximately ten percent greater than the total indebtedness of the district in accordance with sections 357.20 and 357.21 except that the bonds shall be paid, approximately equally, from user charges and the assessment. In the case of districts with bonded indebtedness, a subarea of the new single district with a boundary identical to each indebted district shall be designated and taxed in accordance with sections 357.22 and 357.23. When all bonds have been retired, the subarea shall cease to exist. In the case of districts with a surplus cash balance, all funds and credits shall become the property of the single district and used by it to the same extent as if acquired under the provisions of section 357.26. Upon establishment of the single district by the board of supervisors, a resolution shall be passed either appointing three trustees or designating the board of supervisors as the trustees for the single district. The operation of the single district constitutes a county enterprise under section 331.461, subsection 2.
[82 Acts, ch 1219, §1]
Referred to in §331.461
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.1 - Definitions.

357A.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Auditor” means the county auditor of a county in which a district has been incorporated and organized or is proposed to be incorporated and organized.
2. “Board” means the board of directors of a district, and “director” means a member of such board of directors.
3. “Department” means the department of natural resources.
4. “District” means a rural water district incorporated and organized pursuant to the provisions of this chapter.
5. “Member” means an owner of real property which is located within a district, the tenant of the real property, or another person acting for the owner with the owner’s written consent.
6. “Participating member” means a member who has subscribed to and paid the established fee for at least one benefit unit in a district, in the manner provided by this chapter.
7. “Rural water association” or “association” means a rural water association organized and incorporated as a cooperative association under chapter 499 or as a nonprofit corporation under chapter 504.
8. “Supervisors” means the board of supervisors of a county, or the board of supervisors of an adjacent county, in which a district has been incorporated and organized or is proposed to be incorporated and organized.
[C71, 73, 75, 77, 79, 81, §357A.1; 82 Acts, ch 1199, §62, 96]
91 Acts, ch 134, §1; 2014 Acts, ch 1086, §1
Referred to in §16.151
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.3 - Hearing after filing with auditor.

357A.3 Hearing after filing with auditor.
When a petition for incorporation and organization of a district is filed with the auditor, the auditor shall so inform the supervisors who shall fix a time for a hearing thereon, not less than fifteen nor more than thirty days after the filing of the petition. The auditor shall prepare a notice as hereinafter required, which shall at least seven days before the date fixed for the hearing on the petition:
1. Be published in a newspaper of general circulation in the area to be incorporated.
2. Be transmitted, together with a copy of the original petition, to the supervisors.
[C71, 73, 75, 77, 79, 81, §357A.3]
91 Acts, ch 134, §4
Referred to in §357A.4, 357A.14, 357A.24
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.4 - Notice.

357A.4 Notice.
The notice prepared by the auditor pursuant to section 357A.3 shall set forth:
1. The location of the area designated by the petitioners for incorporation in the proposed district, as described or shown by the original petition.
2. The time and place fixed by the supervisors for the hearing on the petition.
3. That all owners or tenants of real property within the boundaries described may appear and be heard.
4. That the proposed district, if incorporated, shall have no power or authority to levy any taxes whatsoever.
[C71, 73, 75, 77, 79, 81, §357A.4]
91 Acts, ch 134, §5
Referred to in §357A.14
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.5 - Appearances.

357A.5 Appearances.
At the hearing on the petition, any owner or tenant of real property within the boundaries of the area described in the petition may appear, in person or by a designated representative, and any representative of the department, a city, or an interested person may also appear, in favor of or in opposition to the incorporation and organization of the proposed district. The appearances may also be filed in writing prior to the time set for the hearing.
[C71, 73, 75, 77, 79, 81, §357A.5; 82 Acts, ch 1199, §63, 96]
91 Acts, ch 134, §6
Referred to in §357A.14
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.6 - Findings — order.

357A.6 Findings — order.
1. After the hearing, the supervisors may strike off any part of the territory that testimony shows will not be benefited by the creation of the district. If the supervisors do not find that the district is reasonably necessary, they shall dismiss the petition.
2. If the supervisors find that required notice of the hearing has been given and that the proposed district is reasonably necessary for the public health, convenience, and comfort of the residents, or may be of benefit in providing fire protection, they shall make an order establishing the district as a political subdivision, designating its boundary, and identifying it by name or number. The order shall be published in the same newspaper which published the notice of hearing. The supervisors shall prepare and preserve a complete record of the hearing on the petition and their findings and action.
[C71, 73, 75, 77, 79, 81, §357A.6]
91 Acts, ch 134, §7; 2019 Acts, ch 24, §104
Referred to in §357A.14
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.7 - Meeting of members.

357A.7 Meeting of members.
As a part of the order incorporating the district, the supervisors shall fix the time and place at which the members shall meet to select from their number a board of directors. Selection of the initial board shall be not later than thirty days after the hearing. The number of directors on the board, not to exceed nine, shall be determined by a majority vote of those members present. Any member elected a director who fails to become a participating member, within thirty days after entry in the minutes of the board of a declaration of availability of benefit units for subscription, shall forfeit the office of director.
[C71, 73, 75, 77, 79, 81, §357A.7]
Referred to in §357A.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.8 - Bylaws submitted at special meeting.

357A.8 Bylaws submitted at special meeting.
Within thirty days after election of the original board, proposed bylaws shall be submitted for adoption at a special meeting of members of the district, written notice of which shall be mailed to each member. Members present at the special meeting may adopt or amend any of the proposed bylaws, and may propose and adopt alternative or additional bylaws. The bylaws may subsequently be amended at any annual or special meeting of the participating members of the district. However, the bylaws of each district shall provide:
1. For an annual meeting of participating members by July 31 of each year following the year of incorporation of the district, and for the mailing of written notice of the time and place of each annual meeting to each participating member and publication of the notice in a newspaper of general circulation in the district not less than ten nor more than thirty days prior to each meeting.
2. That each participating member of the district shall be entitled to a single vote at all annual and special meetings of the district, regardless of the number of benefit units to which the member has subscribed.
[C71, 73, 75, 77, 79, 81, §357A.8]
95 Acts, ch 77, §3; 2012 Acts, ch 1016, §1
Referred to in §357A.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.9 - Members divided into classes.

357A.9 Members divided into classes.
The initial board of each district shall divide its members by lot into three classes of as nearly equal size as possible. The terms of the directors in the first, second, and third classes shall expire on the dates of the annual meetings in the first, second, and third years, respectively, following the year in which the district is incorporated, or as soon thereafter as their respective successors are elected and have qualified. At the annual meeting in each year after the year in which the district is incorporated, a director shall be elected to succeed each director whose term of office expires on that date, and each director so elected shall hold office for a term of three years and until a successor is elected and has qualified. Vacancies shall be filled by appointment by the remaining directors, for the unexpired term.
[C71, 73, 75, 77, 79, 81, §357A.9]
Referred to in §357A.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.10 - Board meetings.

357A.10 Board meetings.
The board shall meet annually on the same day as, and immediately following, the annual meeting of participating members, and may meet at such other times as it may determine, or upon the call of the chairperson or any two directors. At the first meeting of the initial board following its election, and at each succeeding annual board meeting, the board shall elect a chairperson, vice chairperson, secretary, and treasurer for the ensuing year.
[C71, 73, 75, 77, 79, 81, §357A.10]
Referred to in §357A.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.11A - Customer records.

357A.11A Customer records.
Notwithstanding section 22.2, subsection 1, public records of a district, which shall not be examined or copied as of right, include private customer information. Except as required pursuant to chapter 476, “private customer information” includes information identifying a specific customer and any record of a customer account, including internet-based customer account information.
2012 Acts, ch 1010, §1
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.12 - Plans, specifications, and procedures.

357A.12 Plans, specifications, and procedures.
1. As soon as reasonably possible after incorporation of a district, the board shall file with the supervisors and the department copies of the plans and specifications for, and estimates of the cost of, any improvements authorized by this chapter which the board proposes to construct or acquire. The board shall determine a reasonable fee which each member shall pay for the privilege of utilizing the district’s facilities, and which shall be known as a benefit unit. Benefit units may be classified. The board, by publication in a newspaper of general circulation in the district, shall generally describe the planned improvements, the area to be served and the fee members will be required to pay for each service connected to the water system.
2. The procedures for competitive bidding specified in chapter 26 and for emergency repairs as specified in section 384.103, subsection 2, shall apply to construction carried out pursuant to this chapter.
[C71, 73, 75, 77, 79, 81, §357A.12; 82 Acts, ch 1199, §64, 96]
91 Acts, ch 134, §11; 2006 Acts, ch 1017, §34, 42, 43; 2019 Acts, ch 24, §104
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.13 - Selling water.

357A.13 Selling water.
If the capacity of the district’s facilities permits, the district may sell water by contract to any city, other district, or other person, public or private, not within the boundaries of a district.
[C71, 73, 75, 77, 79, 81, §357A.13]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.14 - Attaching to district — inclusion of city — merger.

357A.14 Attaching to district — inclusion of city — merger.
1. An owner of real property outside a district which can be economically served by the facilities of the district, or thirty percent of the owners of all real property lying within the outside perimeter of a proposed addition, may petition to be attached to the district. The petition shall be filed with the auditor, and the auditor and supervisors shall notify the district that a petition has been received and proceed in a manner set forth in sections 357A.3 through 357A.6.
2. All or any part of an incorporated city may be included in the boundaries of any existing water district or water district being newly organized, provided the governing body of such city by resolution or ordinance gives, or has given, its consent.
3. Boards of any two or more districts may by concurrent action and by approval of the supervisors merge their districts into one. In case of merger the members of the boards of the merged districts may serve out the terms for which they were elected. The resulting district shall take over all the assets and legal liabilities of the water districts joining in the merger. Obligations of any district secured by the revenue of the systems operated by the district shall continue to be retired, or a sinking fund for such purpose created from revenue from the system operated over the same area by the resulting district in accordance with the laws under which the obligations were issued, until all obligations of the old district have been retired.
4. If there is a conflict between two or more districts concerning which district will serve an area, the supervisors of the county in which the disputed area is located shall, after a public hearing, determine which district can more adequately and economically provide service within the area.
[C71, 73, 75, 77, 79, 81, §357A.14]
91 Acts, ch 134, §12, 13; 93 Acts, ch 84, §2; 94 Acts, ch 1023, §109; 96 Acts, ch 1031, §1
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.15 - Taxing prohibited — refunds.

357A.15 Taxing prohibited — refunds.
1. A district shall not have power to levy any taxes. The facilities constructed or otherwise acquired by a district, including but not limited to ponds, reservoirs, pipelines, wells, check dams, and pumping installations, the revenues obtained by the district from the sale of water, and the revenue bonds or notes, or interest from the revenue bonds or notes, issued by a district shall not be taxable in any manner by the state or any of its political subdivisions.
2. A rural water district organized under chapter 504 shall receive a refund of sales or use taxes upon submitting an application to the department of revenue for the refund of taxes imposed upon the sales price of all sales of building materials, supplies, or equipment sold to a contractor or used in the fulfillment of a written contract for the construction of facilities for the rural water district to the same extent as a rural water district organized under this chapter may obtain a refund under section 423.4, subsection 1.
[C71, 73, 75, 77, 79, 81, §357A.15]
98 Acts, ch 1161, §1; 2000 Acts, ch 1078, §2; 2003 Acts, ch 145, §286
; 2003 Acts, 1st Ex, ch 2, §176, 205
; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §394; 2019 Acts, ch 24, §104
Referred to in §422.7(2)(r)
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.16 - Detaching real property from district.

357A.16 Detaching real property from district.
If it becomes apparent that any real property included within a district cannot economically or adequately be served by the facilities of the district, the owners of the real property may file with the auditor a petition to the supervisors requesting that the real property be detached from the district. The petition shall:
1. Describe by section, or fraction thereof, and by township and range, the real property which it is proposed to detach from the district.
2. State that the real property cannot economically or adequately be served by the facilities of the district, and that it is not feasible for the district to enlarge or extend its facilities so as to economically and adequately serve the real property.
3. Be signed by the owners of all the real property which it is desired to detach from the district.
[C71, 73, 75, 77, 79, 81, §357A.16]
91 Acts, ch 134, §14
Referred to in §357A.18, 357A.24
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.17 - Inactive district dissolved.

357A.17 Inactive district dissolved.
A petition may be filed with the auditor requesting the supervisors to dissolve an inactive district. The petition shall:
1. State that the district owns no property of any kind exclusive of records, maps, plans, and files, and that all of its debts and obligations have been fully paid.
2. State that the board has not held a meeting for more than one year prior to the date of filing of the petition, that the district is not functioning, and will probably continue to be inoperative.
3. Be signed by three-fourths of the members of the district.
[C71, 73, 75, 77, 79, 81, §357A.17]
Referred to in §357A.18
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.18 - Hearing.

357A.18 Hearing.
1. Upon the filing with the auditor of a petition under either section 357A.16 or section 357A.17, the auditor shall so inform the supervisors who shall fix a time for consideration of the petition. The supervisors may, but shall not be required to, hold a hearing thereon. After consideration of the petition, and after the hearing if one is held, the supervisors shall ascertain whether:
a. The petition meets all of the requirements prescribed by section 357A.16 or section 357A.17 for either such petition.
b. It appears from all information available to the supervisors that each allegation included in the petition is factual.
2. If the supervisors’ finding on each of the foregoing points is positive, it shall declare the real property described in the petition detached from the district, or declare the district dissolved, as the case may be. The supervisors shall notify the secretary of the district of its action, and the secretary shall amend the records of the district to show that the real property described in the petition has been detached from the district, or shall within thirty days deliver to the auditor all records, maps, plans, and files of the district dissolved.
[C71, 73, 75, 77, 79, 81, §357A.18]
91 Acts, ch 134, §15, 16; 2010 Acts, ch 1061, §180
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.19 - Not exempt from other requirements.

357A.19 Not exempt from other requirements.
This chapter does not exempt any district from the requirements of any other statute, whether enacted prior to or subsequent to July 1, 1970, under which the district is required to obtain the permission or approval of, or to notify, the department, the utilities division of the department of commerce, or any other agency of this state or of any of its political subdivisions prior to proceeding with construction, acquisition, operation, enlargement, extension, or alteration of any works or facilities which the district is authorized to undertake pursuant to this chapter.
[C71, 73, 75, 77, 79, 81, §357A.19; 82 Acts, ch 1199, §65, 96]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.20 - Alternate operation by nonprofit corporation.

357A.20 Alternate operation by nonprofit corporation.
1. A nonprofit corporation incorporated under chapter 504 for the specific purpose of operating a rural water system may petition the supervisors for incorporation of a district, in the manner provided by section 357A.2. The signatures of the corporation’s officers on the petition and a resolution adopted by the corporation’s board of directors approving the petition shall suffice in lieu of signatures of owners of thirty percent of the real property in the proposed district, if the corporation presents evidence satisfactory to the supervisors that a sufficient number of members of the proposed district will subscribe to benefit units to make its operation feasible. The procedure for hearing and determination of disposition of the petition shall be as provided by this chapter.
2. In any district incorporated upon the petition of a nonprofit corporation, the following procedures shall apply:
a. After final approval of the petition by a board of supervisors, the secretary of the corporation shall file a notice with the secretary of state dissolving the nonprofit corporation in accordance with chapter 504.
b. Upon filing of the notice, the nonprofit corporation shall cease to exist as a chapter 504 entity and all assets and liabilities of the nonprofit corporation become the assets and liabilities of the newly organized district without a need for any further meetings, voting, notice to creditors, or other actions by the members or board.
c. The officers and board of directors of the corporation shall be the officers and board of the district.
d. The applicable laws of the state and the articles of incorporation and bylaws of the corporation shall control the initial size and initial term of office of such officers and board, in lieu of sections 357A.7, 357A.9, and 357A.10.
e. The district shall bring its operation and structure in compliance with sections 357A.7 through 357A.10 at the first annual meeting of the participating members and board of directors.
[C71, 73, 75, 77, 79, 81, §357A.20]
91 Acts, ch 134, §17; 95 Acts, ch 77, §5; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §393; 2010 Acts, ch 1061, §180; 2020 Acts, ch 1063, §190
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.21 - Annexation of land by a city — mediation — arbitration.

357A.21 Annexation of land by a city — mediation — arbitration.
1. A district or association shall be fairly compensated for losses resulting from annexation. The governing body of a city or water utility and the board of directors or trustees of the district or association may agree to terms which provide that the facilities owned by the district or association and located within the city shall be retained by the district or association for the purpose of transporting water to customers outside the city.
2. If an agreement is not reached under subsection 1, the governing body of the city or water utility or the board of directors or trustees of the district or association may request mediation pursuant to chapter 679C. The governing body or board requesting mediation shall be responsible for the costs of the mediation. A mediation committee shall be established if a governing body or board requests mediation pursuant to this subsection. The mediation committee shall consist of one member of the governing body of the city or the governing body’s designee, one member of the board of directors or trustees of the district or association, as applicable, and one disinterested member chosen by the other two members. A list of qualified mediators may be obtained from the American arbitration association, the public employment relations board established pursuant to section 20.5, or a recognized mediation organization or association.
3. If an agreement is not reached within ninety days, the issues may be submitted to arbitration. If submitted, an arbitrator shall be selected by a committee which includes one member of the governing body of the city or its designee, one member of the district’s or association’s board of directors or trustees or its designee, as applicable, and a disinterested party selected by the other two members of the committee. A list of qualified arbitrators may be obtained from the American arbitration association or other recognized arbitration organization or association.
87 Acts, ch 109, §3; 88 Acts, ch 1172, §1; 92 Acts, ch 1015, §5; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §393; 2014 Acts, ch 1086, §4
Referred to in §357A.2, 384.84
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.22 - Personal liability.

357A.22 Personal liability.
Except as otherwise provided in this chapter, a director, officer, employee, or other personnel of the board are not liable on the district’s debts or obligations and a director, officer, employee, or volunteer of the board is not personally liable in that capacity, for a claim based upon an act or omission of the person performed in the discharge of the person’s duties, except for any of the following:
1. A breach of the duty of loyalty to the district.
2. Acts or omissions not in good faith or which involve intentional misconduct or knowing violation of the law.
3. A transaction from which the person derives an improper personal benefit.
88 Acts, ch 1170, §2
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.22A - Rural fire protection program — liability.

357A.22A Rural fire protection program — liability.
1. A rural water district or rural water association incorporated under this chapter or chapter 504 shall establish a rural fire protection program which shall include but is not limited to providing access to designated soft-hose fill stations, providing annually or more often if necessary updated maps of soft-hose fill stations to all fire departments within the rural water service area, and sponsoring informational meetings for all fire departments and interested parties within the rural water service area for the purpose of reviewing locations of facilities, operational procedures, communication procedures and facilities, and procedures designed to coordinate efforts to enhance rural fire protection.
2. A rural water district or rural water association incorporated under this chapter or chapter 504 which provides water service to cities, benefited fire districts, or townships shall not be liable for a claim against the district or association for failure to provide or maintain fire hydrants, facilities, or an adequate supply of water or water pressure for fire protection purposes if the purpose of the hydrants, facilities, or water used is not for fire protection.
2001 Acts, ch 54, §1; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §393; 2007 Acts, ch 126, §58; 2019 Acts, ch 24, §104
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 357A - RURAL WATER SERVICE PROVIDERS › Section 357A.23 - City sewer and water franchise authorized.

357A.23 City sewer and water franchise authorized.
Notwithstanding section 364.2, subsection 4, paragraph “a”, for the purposes of obtaining or qualifying for federal funding, a city may grant a franchise to a rural water district incorporated under this chapter or chapter 504, for a term of not more than forty years. In addition to the franchises listed in section 364.2, subsection 4, paragraph “a”, a city may grant a franchise to a rural water district incorporated under this chapter or chapter 504, to erect, maintain, and operate plants and systems for sewer services. All provisions of section 364.2 shall otherwise apply to a franchise granted to a rural water district.
94 Acts, ch 1137, §1; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §393
Referred to in §364.2