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Vermillion approves transfer of water service rights and electric territory swap to support new development

Vermillion City Council; joint jurisdiction meeting with Clay County Commissioners · April 6, 2026
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Summary

Council approved an agreement to buy service rights from Clay Rural Water for annexed Munger Tracts and approved a memorandum of understanding with Clay Union Electric to swap service territory so the city can serve a 34-unit Madison Park development; the water transfer includes a $2,400 payout and a 10-year tiered rate amendment for Clay Rural Water.

The Vermillion City Council on April 6 approved two utility actions aimed at supporting new residential development on annexed property.

Water rights: staff presented an agreement with Clay Rural Water Systems to transfer service rights for the recently annexed Munger Tracts 1—3. The purchase includes a one-time payout of $2,400 for the existing customer on the property, abandonment of obsolete on-site Clay Rural Water infrastructure at the city's expense, and amendments to the city's existing interconnection agreements. Those amendments move Clay Rural Water from a flat purchase fee to a tiered purchase rate for a 10-year term, after which the prior rate structure would revert. Staff estimated the amended rate will reduce Clay Rural Water revenue to the city by roughly $4,500 annually based on the past four years of sales. Council approved the transfer; USDA approval is required for all amendments because Clay Rural Water receives USDA funding.

Electric territory swap: staff also described a negotiated swap with Clay Union Electric so the city could provide electric service to a Madison Park development planned for Lot 1, Block 2, Madison Park Addition (34 housing units). In exchange the city would redraw a service boundary so Clay Union would fully encompass a building now split across the line in the Albers subdivision (Cypress Rail property). Clay Union presented the swap to its board on March 27 and approved moving forward; the MOU will be filed with the Public Utilities Commission after city approval. The agreement includes removal of future lost-revenue payments for transferred territories. Council approved the memorandum of understanding.

Council discussion focused on the scope of infrastructure work required to serve the annexed Munger property (a major water-main extension across Highway 19 and other crossings) and on sewer service options: staff said the development lots are large enough that developers expect septic for now but that future sewer extensions remain a possibility.