DETACHMENT FROM A PUBLIC WATER SUPPLY DISTRICT (Section 247.181)

Under the act, as an alternative to detachment from a public water supply district located in certain counties, the owners of 50% or more of the area located within the district that does not receive water service from the district may petition the circuit court to be detached from the district by filing a petition. Conditions for the detachment are described in the act. Specifics of the petition are described in the act.

After receiving the petition, the election authority shall issue a certificate stating whether the records of the authority show any voters residing within the area proposed to be detached. The authority shall file the certificate with the circuit court and shall serve a copy of the certificate upon the petitioners, as described in the act.

Following the receipt of the petition, the board of directors of the district shall file with the circuit court a verification stating whether any water lines or other facilities owned or operated by the district are located within the area proposed to be detached or whether the district has any outstanding obligation bonds at the time the petition is filed. The verification shall be filed with the court and served upon the petitioners, as described in the act. The petitioner shall be responsible for payment of the reasonable costs of the district for providing the verification.

Pursuant to the timelines described in the act, the court shall set a public hearing date on the proposed detachment. Notice of the filing of the petition shall be posted in a newspaper of general circulation in the county where the proceedings are pending. Specifics of the notice are described in the act.

At the public hearing, an interested person may file written objections or comments and may be heard with respect to any issues set forth in the notice. The court may hear all protests, objections, comments, and other evidence presented at the hearing. The court shall thereafter determine if the petition satisfied the conditions under the act and whether the petitioners are entitled to detachment, as described in the act. If the court determines that the petition is defective, the court shall dismiss the petition without prejudice. The petition shall not be considered defective based on the fact that the district is a borrower under a federal loan program. The petitioner shall bear all costs of the proceedings under the act.

A certified copy of the court's order shall be filed as described in the act.

ACCEPTANCE OF MONETARY CONTRIBUTIONS (Section 247.229)

If a public water supply district that is located in certain counties, and pursuant to the provisions of the act, has an outstanding debt owed to or guaranteed by the United States government, the board of directors of the district shall accept any monetary gift, donation, or bequest made to the district for its use, unless such acceptance would be in violation of current law. Such donations shall be applied first to the payment of any outstanding debt of the district that is owed to or guaranteed by the United States government, until such debt is satisfied in full. Excess funds may be applied as authorized by current law. If no such debt exists, the board of directors may apply the funds as authorized by current law.

The board shall maintain records of all monetary gifts, donations, or bequests received and make such records available for public inspection.

Any person or entity may make full payment for any debt of the district that is owed to or guaranteed by the U.S. government or its agency. The board of directors shall take all necessary actions to facilitate such payments, as described in the act.

These provisions shall only apply to specific public water supply districts, as described in the act.

JULIA SHEVELEVA