SB 1333 Allows for the creation of Wholesale Water and Sewer Authorities
Sponsor:Caskey Co-Sponsor(s)
LR Number:4809S.01I Fiscal Note:4809-01
Committee:Commerce and Environment
Last Action:03/04/04 - Second Read and Referred S Commerce & the Environment Journal page:S545
Effective Date:August 28, 2004
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Current Bill Summary

SB 1333 - The act provides for the creation of a wholesale water and sewer authority by filing a petition in the circuit court of a county within the area where the proposed authority will be.

The act provides for what information shall be included in the petition, which includes the approval of the necessary governing bodies, a general description of the project, the number of initial members of the board, the proposed name of the authority, the proposed funding, and a request that the authority be considered a political subdivision.

The clerk of the circuit court shall give notice in newspapers to the public of the proposed creation of the authority. The court may order a public hearing and must provide notice in the same manner if it chooses to do so. Any resident of the area where the proposed authority will be may support or oppose the creation and seek declaratory judgment to prevent the creation of the authority. The costs of filing and defending the petition and all other costs incurred in obtaining certification will be paid by the petitioners, who may be reimbursed if the authority is organized.

The court will decide if formation of such an authority is proper, and if so, will declare the authority to be a political subdivision of the state. Any party may appeal the court's order or declaratory judgment.

Following formation, an authority can add members that were not in the original petition. Following the requisite public notice, such an addition requires a public hearing and a vote of the board of directors in favor of the addition.

The act allows the presiding officer, with the consent of the provider, to appoint one member and an alternate to the board. The act provides further requirements that each director must meet and the power of the authority to remove directors.

The act describes the procedure that the board will follow to conduct business.

The act establishes the powers that the board of directors of an authority shall have, which include accepting funds, suing and being sued, entering franchises and contracts, borrowing money, acquiring land and facilities, operating and maintaining facilities, establishing a system of fees and charges for services, providing wholesale water service and wholesale wastewater service, managing business affairs, hiring and retaining employees and agents, adopting rules, investing funds not otherwise immediately needed, and exercising other rights needed to fulfill the authority's obligations.

The act also grants the authority the power to enter into purchase agreements for the purchase, sale, exchange, or transmission of wholesale water or wastewater service.

Under this act, an authority may authorize or issue obligations for the purpose of paying all or any part of the cost of any project. Any issue of authority obligations outstanding may be refunded at any time by the authority by issuing its refunding obligations in such amount as the authority may deem necessary.

The authority may enter into funding or financing arrangements or any other contract or agreement with any person or other entity.