A water system, sewer system, gas or electrical supply and distribution system, or works for a transportation, telephone, closed circuit television or television rebroadcasting system may only be disposed of by a local government if one or more of the following four conditions exist:
• the works are no longer required for the original purpose (e.g., conveyance of water)
• the works are disposed of to another local government in the same regional district
• in the case of works used to provide a sewer or water service, there is an agreement under which the water or sewer service will continue and the intended disposition receives the assent of the electors
• in the case of the other classes of works (i.e., not used for a sewer or water service), the local government has provided a counter petition opportunity prior to the disposition
The assent of the electors is required prior to disposal of a sewer or water system and the notice for the assent process must include a description of the agreement under which the water or sewer service will continue. This assent requirement recognizes the likely significance to the elector of continuation of the service (i.e., if a local government currently provides either of these services, there is likely to be an expectation on the part of electors that the service be continued).