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Senate Study Bill 183

Bill Text

PAG LIN
  1  1    Section 1.  Section 368.7, subsection 2, Code 1997, is
  1  2 amended to read as follows:
  1  3    2.  An application for annexation of territory not within
  1  4 an urbanized area of a city other than the city to which the
  1  5 annexation is directed must be approved by resolution of the
  1  6 council which receives the application.  Notice of the
  1  7 application shall be mailed by certified mail, by the city to
  1  8 which the annexation is directed, to the board of supervisors
  1  9 of each county which contains a part of the territory at least
  1 10 ten days before any action is taken by the city council.
  1 11 Notice of the application shall be published by the city in an
  1 12 official county newspaper in each county which contains a part
  1 13 of the territory at least ten days before any action is taken
  1 14 by the city council on the application.  In the discretion of
  1 15 a city council, the resolution may include a provision for a
  1 16 transition for the imposition of taxes as provided in section
  1 17 368.11, subsection 13.  Upon receiving approval of the
  1 18 council, the city clerk shall file a copy of the resolution,
  1 19 map, and legal description of the territory involved with the
  1 20 secretary of state, county board of supervisors, each affected
  1 21 public utility, and the state department of transportation.
  1 22 The city clerk shall also record a copy of the legal
  1 23 description, map, and resolution with the county recorder.
  1 24 The secretary of state shall not accept and acknowledge a copy
  1 25 of a legal description, map, and resolution of annexation
  1 26 which would create an island.  The annexation is completed
  1 27 upon acknowledgment by the secretary of state that the
  1 28 secretary of state has received the legal description, map,
  1 29 and resolution.
  1 30    Sec. 2.  NEW SECTION.  368.23A  ANNEXATION RECORDED –
  1 31 TAXATION.
  1 32    If the annexation of territory by a city is not recorded
  1 33 with the secretary of state by December 1, the taxable value
  1 34 of property within the territory shall not be subject to ad
  1 35 valorem taxation by the city for the fiscal year beginning on
  2  1 the succeeding July 1.
  2  2    Sec. 3.  NEW SECTION.  368.25  ANNEXATION OF COUNTY
  2  3 FACILITIES.
  2  4    A county shall be fairly compensated for facilities lost to
  2  5 annexation.  A city council and the board of supervisors may
  2  6 agree to terms which provide that the county is reimbursed for
  2  7 facilities constructed by the county which are annexed into
  2  8 the city.  If agreement is not reached within ninety days, the
  2  9 issues may be submitted to arbitration.  If submitted, an
  2 10 arbitrator shall be selected by a committee which includes one
  2 11 member of the board of supervisors or the board's designee,
  2 12 one member of the city council or the council's designee, and
  2 13 a disinterested party selected by the other two members of the
  2 14 committee.  A list of qualified arbitrators may be obtained
  2 15 from the American arbitration association or other recognized
  2 16 arbitration organization or association.
  2 17    Sec. 4.  Section 25B.2, subsection 3, Code 1997, shall not
  2 18 apply to this Act.  
  2 19                           EXPLANATION
  2 20    This bill provides that a city must give at least 10 days'
  2 21 notice to the board of supervisors of each county having
  2 22 territory within a proposed voluntary annexation, which is not
  2 23 within an urbanized area, before action by the city council is
  2 24 taken.  The proposed annexation application shall also be
  2 25 published in an official county newspaper at least 10 days
  2 26 before city council action on the application.  The bill also
  2 27 requires that an annexation be recorded with the secretary of
  2 28 state by December 1 if the city wants to include the taxable
  2 29 assessed valuation with the annexed territory on the city tax
  2 30 rolls for the fiscal year beginning on the succeeding July 1.
  2 31    The bill provides that a county shall be reimbursed for the
  2 32 loss of county facilities resulting from an annexation.
  2 33 Procedures are included to arrive at a reimbursement agreement
  2 34 between a city and the affected county, including arbitration
  2 35 procedures.
  3  1    This bill may include a state mandate as defined in Code
  3  2 chapter 25B.  Section 25B.2, subsection 3, does not apply to
  3  3 this bill.  
  3  4 LSB 1808SC 77
  3  5 tj/jw/5
     

Text: SSB00182                          Text: SSB00184
Text: SSB00100 - SSB00199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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