The city council shall not convey, grant, assign, sell, or lease the city's water and sewer system, nor any parts thereof, as defined, without first conducting two (2) public hearings, the notice of which shall be published in two (2) or more sources at least thirty (30) days prior to each public hearing. No vote shall be taken on any proposal to convey, grant, assign, sell, or lease the city's water and sewer system until at least thirty (30) days after the last public hearing. Such proposals must be approved by a vote of two-thirds (2/3) of those city council members present, but with at least five (5) city council members voting in the affirmative. Nothing in this chapter shall prevent the city from taking necessary actions during a work stoppage, natural disaster or during a declaration of a state of civil emergency issued per the authority granted in section 1-2A-5 of this code.
In considering whether to convey, grant, assign, sell or lease the city's water and sewer system, the city council must consider the best interests of the city and its citizens as defined by the following factors:
A. The proposal takes into account potential long term effects of the proposed change on the city and satellite water districts currently under contract with the city;
B. The proposal protects the Cedar Lake watershed from pollution, and takes into account the long term capacity of the watershed;
C. The proposal provides for the protection of groundwater and surface water of Cedar Lake;
D. The proposal has a water conservation component in case of water shortage;
E. The proposal ensures high water quality for end users;
F. The proposal provides a means of access to water for low or fixed income water users;
G. The proposal takes into account any potential ancillary growth which could contribute to increased water usage and/or pollution to the watershed;
H. The proposal provides sufficient information which can be used by the city, the public, and water districts served by the city, to make informed decisions;
I. The proposal allows the city, after any proposed change, to exercise a level of control over the water and sewer system; and
J. The proposal allows participation by all water districts served by the city in discussing and responding to changes, which the proposal would create for them. (Ord. 2015-13)