Text: HSB00723                          Text: HSB00725
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 724

Bill Text

PAG LIN
  1  1    Section 1.  Section 354.6, subsection 1, Code 1999, is
  1  2 amended to read as follows:
  1  3    1.  A subdivision plat shall be made when a tract of land
  1  4 is subdivided by repeated divisions or simultaneous division
  1  5 into three or more parcels, any of which are described by
  1  6 metes and bounds description for which no plat of survey is
  1  7 recorded.  A subdivision plat is not required when land is
  1  8 divided by conveyance to a governmental agency for public
  1  9 improvements.
  1 10    Sec. 2.  Section 354.8, Code 1999, is amended to read as
  1 11 follows:
  1 12    354.8  REVIEW AND APPROVAL BY GOVERNING BODIES.
  1 13    A proposed subdivision plat or plat of survey lying within
  1 14 the jurisdiction of a governing body shall be submitted to
  1 15 that governing body for review and approval prior to
  1 16 recording.  A city may establish jurisdiction to review
  1 17 subdivisions or plats of survey outside its boundaries
  1 18 pursuant to the provisions of section 354.9.  Governing bodies
  1 19 shall apply reasonable standards and conditions in accordance
  1 20 with applicable statutes and ordinances for the review and
  1 21 approval of subdivisions or plats of survey.  The governing
  1 22 body, within sixty days of application for final approval of
  1 23 the subdivision plat or plat of survey, shall determine
  1 24 whether the subdivision or plat of survey conforms to its
  1 25 comprehensive plan and shall give consideration to the
  1 26 possible burden on public improvements and to a balance of
  1 27 interests between the proprietor, future purchasers, and the
  1 28 public interest in the subdivision when reviewing the proposed
  1 29 subdivision or plat of survey and when requiring the
  1 30 installation of public improvements in conjunction with
  1 31 approval of a subdivision.  The governing body shall not issue
  1 32 final approval of a subdivision plat or plat of survey unless
  1 33 the subdivision plat or plat of survey conforms to sections
  1 34 354.6, 354.11, and 355.8.
  1 35    If the subdivision plat or plat of survey and all matters
  2  1 related to final approval of the subdivision plat or plat of
  2  2 survey conform to the standards and conditions established by
  2  3 the governing body, including a city that has established
  2  4 jurisdiction under section 354.9, and conform to this chapter
  2  5 and chapter 355, the governing body, by resolution, shall
  2  6 approve the plat and certify the resolution which shall be
  2  7 recorded with the plat.  The recorder shall refuse to accept a
  2  8 subdivision plat or plat of survey presented for recording
  2  9 without a resolution from each applicable governing body
  2 10 approving the subdivision plat or waiving the right to review.
  2 11    Sec. 3.  Section 354.9, subsections 1 and 2, Code 1999, are
  2 12 amended to read as follows:
  2 13    1.  If a city, which has adopted ordinances regulating the
  2 14 division of land, desires to review subdivision plats or plats
  2 15 of survey for divisions or subdivisions outside the city's
  2 16 boundaries, then the city shall establish by ordinance
  2 17 specifically referring to the authority of this section, the
  2 18 area subject to the city's review and approval.  The area of
  2 19 review may be identified by individual tracts, by describing
  2 20 the boundaries of the area, or by including all land within a
  2 21 certain distance of the city's boundaries, which shall not
  2 22 extend more than two miles distance from the city's
  2 23 boundaries.  However, for cities with a population over fifty
  2 24 thousand, such area may extend up to four miles from the
  2 25 city's boundaries.  The ordinance establishing the area of
  2 26 review or modifying the area of review by a city, shall be
  2 27 recorded in the office of the recorder and filed with the
  2 28 county auditor.
  2 29    2.  If a subdivision lies in a county, which has adopted
  2 30 ordinances regulating the division of land, and also lies
  2 31 within the area of review established by a city pursuant to
  2 32 this section, then the subdivision plat or plat of survey for
  2 33 the division or subdivision shall be submitted to both the
  2 34 city and county for approval.  The standards and conditions
  2 35 applied by a city or county for review and approval of the
  3  1 subdivision shall be the same standards and conditions used
  3  2 for review and approval of subdivisions within the city limits
  3  3 or shall be the standards and conditions for review and
  3  4 approval established by agreement of the city and county
  3  5 pursuant to chapter 28E.  Either the city or county may, by
  3  6 resolution, waive its right to review the subdivision or waive
  3  7 the requirements of any of its standards or conditions for
  3  8 approval of subdivisions, and certify the resolution which
  3  9 shall be recorded with the plat.
  3 10    Sec. 4.  Section 368.4, Code 1999, is amended to read as
  3 11 follows:
  3 12    368.4  ANNEXING MORATORIUM.
  3 13    A city, following notice and hearing, may by resolution
  3 14 agree with another city or cities to refrain from annexing
  3 15 specifically described territory for a period not to exceed
  3 16 ten years and, following notice and hearing, may by resolution
  3 17 extend the agreement for subsequent periods not to exceed ten
  3 18 years each.  Notice of a hearing shall be served at least
  3 19 thirty days before the hearing on the city development board,
  3 20 and a on the board of supervisors of the county in which the
  3 21 territory is located, and on all persons owning land within
  3 22 the area subject to the agreement.  Service shall be by
  3 23 certified mail or personal service.  The notice shall include
  3 24 the time and place of the hearing, describe the territory
  3 25 subject to the proposed agreement, and the general terms of
  3 26 the agreement.  After passage of a resolution by the cities
  3 27 approving the agreements, a copy of the agreement and a copy
  3 28 of any resolution extending an agreement shall be filed with
  3 29 the city development board within thirty ten days of
  3 30 enactment.
  3 31    The city development board shall review the agreement and
  3 32 make a determination of approval or disapproval upon receipt
  3 33 of a petition challenging the resolution.  The petition must
  3 34 be filed with the city development board by the county board
  3 35 of supervisors of a county in which the territory is located
  4  1 or by property owners comprising twenty-five percent of the
  4  2 land area in the territory impacted by the agreement.  The
  4  3 petition must be filed within twenty days of enactment of the
  4  4 resolution by the cities.  If a petition is not filed with the
  4  5 city development board, the agreement is deemed approved.  The
  4  6 city development board shall base its finding upon all
  4  7 relevant information, including but not limited to the
  4  8 following:
  4  9    1.  The degree to which the projected population growth
  4 10 patterns of the communities is consistent with the agreement.
  4 11    2.  The degree to which the agreement is consistent with
  4 12 wishes of the landowners and residents of the territory.
  4 13    3.  The degree to which the agreement is consistent with
  4 14 street addresses and school districts of the territory.
  4 15    4.  The degree to which the agreement is consistent with
  4 16 the ability of the respective cities and private service
  4 17 providers to logically provide cost-effective services to the
  4 18 area, including by not limited to water supply, sewer
  4 19 disposal, road maintenance and repair, and fire and police.
  4 20    5.  The degree to which the agreement is consistent with
  4 21 existing land use plans for the area.
  4 22    6.  The location of the territory in relation to each
  4 23 city's urbanized area.
  4 24    PARAGRAPH DIVIDED.  If such an agreement is in force, the
  4 25 board shall dismiss a an involuntary petition or plan which
  4 26 violates the terms of the agreement.  A voluntary annexation
  4 27 of territory is not subject to the terms of an agreement
  4 28 created pursuant to this section, and shall not be dismissed
  4 29 on the basis that if would violate the terms of such an
  4 30 agreement.
  4 31    Sec. 5.  Section 368.7, subsection 1, Code 1999, is amended
  4 32 to read as follows:
  4 33    1.  All of the owners of land in a territory adjoining a
  4 34 city may apply in writing to the council of the adjoining city
  4 35 requesting annexation of the territory.  Territory comprising
  5  1 railway right-of-way or territory comprising not more than
  5  2 twenty ten percent of the land area may be included in the
  5  3 application without the consent of the owner to avoid creating
  5  4 an island or to create more uniform boundaries if a copy of
  5  5 the application is mailed by certified mail to the owner and
  5  6 each affected public utility, at least ten fourteen days prior
  5  7 to any action taken by the city council on the application.
  5  8 The application must contain a legal description and a map of
  5  9 the territory showing its location in relationship to the
  5 10 city.
  5 11    An application for voluntary annexation of territory by a
  5 12 city must be approved by resolution of the council that
  5 13 receives the application.  The city council shall approve or
  5 14 deny the application following notice and public hearing as
  5 15 required in this section.  An annexation including territory
  5 16 comprising not more than twenty ten percent of the land area
  5 17 without consent of the property owners is not complete without
  5 18 approval by four-fifths of the members of the board after a
  5 19 hearing for all affected property owners and the county.  Upon
  5 20 approval of the annexation, the board shall file a copy of the
  5 21 resolution, map, and legal description of the territory with
  5 22 the county recorder of each county which contains a portion of
  5 23 the territory.
  5 24    Sec. 6.  Section 368.7, Code 1999, is amended by adding the
  5 25 following new subsection:
  5 26    NEW SUBSECTION.  1A.  The city shall provide for a public
  5 27 hearing on the application before approving or denying it.
  5 28 The city shall provide written notice at least fourteen days
  5 29 prior to any action by the city council regarding the
  5 30 application, including a public hearing, by certified mail to
  5 31 the chairperson of the board of supervisors of each county
  5 32 which contains a portion of the territory proposed to be
  5 33 annexed, each public utility which serves the territory
  5 34 proposed to be annexed, each public utility which serves the
  5 35 territory proposed to be annexed, each owner of property
  6  1 located within the territory to be annexed who is not a party
  6  2 to the application, and each owner of property which adjoins
  6  3 the territory to be annexed.  The city shall publish notice of
  6  4 the application and public hearing on the application in an
  6  5 official county newspaper in each county which contains a
  6  6 portion of the territory proposed to be annexed.  Both the
  6  7 written and published notice shall include the time and place
  6  8 of the public hearing and a legal description of the territory
  6  9 to be annexed.  The city may assess the costs of providing
  6 10 notice as required in this section to the applicants.
  6 11    Sec. 7.  Section 368.7, subsection 2, Code 1999, is amended
  6 12 to read as follows:
  6 13    2.  An application for annexation of territory not within
  6 14 an urbanized area of a city other than the city to which the
  6 15 annexation is directed must be approved by resolution of the
  6 16 council which receives the application.  In the discretion of
  6 17 a city council, the resolution may include a provision for a
  6 18 transition for the imposition of taxes as provided in section
  6 19 368.11, subsection 13.  The city council shall mail a copy of
  6 20 the application by certified mail to the board of supervisors
  6 21 of each county which contains a portion of the territory at
  6 22 least fourteen days prior to any action taken by the city
  6 23 council on the application.  The council shall also publish
  6 24 notice of the application in an official county newspaper in
  6 25 each county which contains a portion of the territory at least
  6 26 fourteen days prior to any action taken by the council on the
  6 27 application.  Upon receiving approval of the council, the city
  6 28 clerk shall file a copy of the resolution, map, and legal
  6 29 description of the territory involved with the secretary of
  6 30 state, the county board of supervisors recorder of each county
  6 31 which contains a portion of the territory, each affected
  6 32 public utility, and the state department of transportation.
  6 33 The city clerk shall also record a copy of the legal
  6 34 description, map, and resolution with the county recorder.
  6 35 The secretary of state shall not accept and acknowledge a copy
  7  1 of a legal description, map, and resolution of annexation
  7  2 which would create an island.  The annexation is completed
  7  3 upon acknowledgment by the secretary of state that the
  7  4 secretary of state has received the legal description, map,
  7  5 and resolution.
  7  6    Sec. 8.  Section 368.9, subsection 2, paragraphs c and d,
  7  7 Code 1999, are amended to read as follows:
  7  8    c.  One member, who resides in an unincorporated area,
  7  9 appointed from a county with a population of more than fifty
  7 10 thousand, according to the most recent certified federal
  7 11 census.
  7 12    d.  One member, who resides in an unincorporated area,
  7 13 appointed from a county with a population of fifty thousand or
  7 14 less, according to the most recent certified federal census.
  7 15    Sec. 9.  Section 368.11, Code 1999, is amended by adding
  7 16 the following new unnumbered paragraph before unnumbered
  7 17 paragraph 3:
  7 18    NEW UNNUMBERED PARAGRAPH.  Plans required by this section
  7 19 to be filed with a petition shall include specific information
  7 20 pertaining to estimated costs of implementing the plan, the
  7 21 time frame involved in implementing the plan, and any other
  7 22 specific information related to implementing the plan.
  7 23    Sec. 10.  Section 368.11, Code 1999, is amended by adding
  7 24 the following new subsections:
  7 25    NEW SUBSECTION.  14.  Plans for extending municipal
  7 26 services to be provided by the annexing city to the annexed
  7 27 territory within three years of completion of the annexation
  7 28 process, which date is established pursuant to section 368.7
  7 29 or 368.20.
  7 30    NEW SUBSECTION.  15.  Historical, current, and projected
  7 31 economic and population growth for the territory to be annexed
  7 32 and the city, including the source or methodology of the
  7 33 information or projections.
  7 34    NEW SUBSECTION.  16.  Historical, current, transitional,
  7 35 and projected land usage and density for the land
  8  1 classifications established by the board within the boundaries
  8  2 of the city.
  8  3    NEW SUBSECTION.  17.  Identification of potential locations
  8  4 for industrial, commercial, and residential infill
  8  5 development, and any vacant land or land that has not been
  8  6 subject to development within the corporate limits of the
  8  7 city.
  8  8    NEW SUBSECTION.  18.  Description of infill development
  8  9 incentives and programs, including the provision of basic
  8 10 improvement and public benefits and services to meet
  8 11 development needs, for land within the current boundaries of
  8 12 the city.
  8 13    NEW SUBSECTION.  19.  Projection of the ability to meet
  8 14 residential, commercial, and industrial development needs with
  8 15 land currently within the boundaries of the city for the next
  8 16 five years.
  8 17    NEW SUBSECTION.  20.  Projection of the ability of the
  8 18 petitioner to absorb the costs of development, including
  8 19 public municipal services, without causing an unreasonable
  8 20 burden on owners or residents of land located within the city
  8 21 limits, or owners or residents of the land proposed to be
  8 22 annexed.
  8 23    NEW SUBSECTION.  21.  Identification of all agricultural
  8 24 land located in the area proposed to be annexed and such
  8 25 land's corn suitability rating.
  8 26    NEW SUBSECTION.  22.  Programs and incentives developed by
  8 27 the petitioner to preserve agricultural, open space, and
  8 28 environmentally sensitive land.
  8 29    Sec. 11.  Section 368.14, subsection 3, Code 1999, is
  8 30 amended to read as follows:
  8 31    3.  From a territory to be annexed to or severed from a
  8 32 city, one representative residing in the territory to be
  8 33 annexed to or severed from the city and appointed by the
  8 34 county board of supervisors.  If there are no registered
  8 35 voters residing in an area to be annexed to or severed from a
  9  1 city, the county board of supervisors shall appoint as local
  9  2 representative an individual owning property in the territory
  9  3 whether or not the individual is a registered voter or appoint
  9  4 a designee of such individual.  If the territory is in more
  9  5 than one county, the board shall direct the appointment of a
  9  6 local representative from each county involved by its board of
  9  7 supervisors.
  9  8    Sec. 12.  Section 368.16, Code 1999, is amended to read as
  9  9 follows:
  9 10    368.16  APPROVAL OF PROPOSAL.
  9 11    Subject to section 368.17, the committee shall approve any
  9 12 proposal which it finds to be in the public interest.  A
  9 13 committee shall base its finding upon all relevant information
  9 14 before the committee, including but not limited to the
  9 15 following:
  9 16    1.  Statements in the petition or plan, and evidence
  9 17 supporting or not supporting those statements.
  9 18    2.  Recommendations of the regional planning authority for
  9 19 the area.
  9 20    3.  Commercial The potential need, or lack thereof, for
  9 21 territory to accommodate future commercial, residential, and
  9 22 industrial development.
  9 23    4.  Potential growth in population causing the exhaustion
  9 24 of available land in the city limits within the next ten
  9 25 years.
  9 26    5.  Cost and adequacy of existing services and facilities
  9 27 to the persons owning land located within the territory and to
  9 28 persons owning land located within city limits.
  9 29    6.  Potential effect of the proposal and of possible
  9 30 alternative proposals on the cost and adequacy of services and
  9 31 facilities to the persons owning land located within the
  9 32 territory and to persons owning land located within city
  9 33 limits.
  9 34    7.  Potential effect of the proposal on adjacent areas, and
  9 35 on any unit of government directly affected, including but not
 10  1 limited to the potential effect on future revenues of any such
 10  2 unit of government.
 10  3    8.  The wishes of the residents of the territory to be
 10  4 annexed and of those residents affected by annexation.  The
 10  5 board may order a special election held by the city of the
 10  6 residents of the territory to be annexed to determine the
 10  7 wishes of the residents.
 10  8    Sec. 13.  Section 368.17, Code 1999, is amended by adding
 10  9 the following new subsections:
 10 10    NEW SUBSECTION.  8.  An annexation of territory that
 10 11 exceeds twenty-five percent of the land area within the
 10 12 corporate limits of the city unless approved by a majority of
 10 13 the residents of the territory in a special election held in
 10 14 substantially the same manner as an election on an annexation
 10 15 proposal in section 368.19.
 10 16    NEW SUBSECTION.  9.  An annexation when the development
 10 17 opportunities on undeveloped, vacant, or abandoned properties
 10 18 within the boundaries of the city are sufficient to
 10 19 accommodate projected industrial, commercial, and residential
 10 20 growth for the next five years.
 10 21    NEW SUBSECTION.  10.  An annexation when inadequate infill
 10 22 development incentives or programs are in effect in the city.
 10 23    NEW SUBSECTION.  11.  An annexation when providing
 10 24 municipal services to land annexed will place an unreasonable
 10 25 financial burden on landowners or residents within the city or
 10 26 landowners or residents within the territory.
 10 27    NEW SUBSECTION.  12.  An annexation of undeveloped land
 10 28 when developed land adjacent to the city has not been annexed
 10 29 to the city.
 10 30    NEW SUBSECTION.  13.  An annexation unless it finds that
 10 31 the projected population or economic growth rate indicates a
 10 32 need for the additional territory for urban development in the
 10 33 next five years.
 10 34    NEW SUBSECTION.  14.  An annexation of territory for which
 10 35 evidence exists that projected development density is low for
 11  1 the type of projected development.
 11  2    NEW SUBSECTION.  15.  An annexation if agricultural land is
 11  3 included in the territory to be annexed and such land is in
 11  4 the top twenty-five percent of productive land in the county
 11  5 based on its corn stability rating.
 11  6    NEW SUBSECTION.  16.  Annexation when accommodations are
 11  7 not made to preserve existing agricultural activities on
 11  8 agricultural land within the territory to be annexed until its
 11  9 transition to urban development.
 11 10    Sec. 14.  Section 368.19, unnumbered paragraph 1, Code
 11 11 1999, is amended to read as follows:
 11 12    The committee shall approve or disapprove the petition or
 11 13 plan as amended, within ninety days of the final hearing, and
 11 14 shall file its decision for record and promptly notify the
 11 15 parties to the proceeding of its decision.  If a petition or
 11 16 plan is approved, the board shall set a date not less than
 11 17 thirty days nor more than ninety days after approval for a
 11 18 special election on the proposal and the county commissioner
 11 19 of elections shall conduct the election.  In a case of
 11 20 incorporation or discontinuance, registered voters of the
 11 21 territory or city may vote, and the proposal is authorized if
 11 22 a majority of those voting approves it.  In a case of
 11 23 annexation or severance, registered voters of the territory
 11 24 and of the city may vote, and the proposal is authorized if a
 11 25 majority of the total number of persons residing in the
 11 26 territory and voting approves it and if a majority of the
 11 27 total number of persons residing in the city and voting
 11 28 approves it.  In case of severance, registered voters of that
 11 29 area of the city to be severed and of the remainder of the
 11 30 city may vote, and the proposal is authorized if a majority of
 11 31 the total number of persons residing in the area to be severed
 11 32 and voting approves it and if a majority of the total number
 11 33 of persons residing in the remainder of the city and voting
 11 34 approves it.  However, if there are no registered voters in
 11 35 the territory to be severed or annexed, a special election on
 12  1 the proposal shall not be conducted and the proposal shall be
 12  2 implemented as if the proposal was approved at a special
 12  3 election.  In a case of consolidation, registered voters of
 12  4 each city to be consolidated may vote, and the proposal is
 12  5 authorized only if it receives a favorable majority vote in
 12  6 each city.  The county commissioner of elections shall publish
 12  7 notice of the election as provided in section 49.53 and shall
 12  8 conduct the election in the same manner as other special city
 12  9 elections.
 12 10    Sec. 15.  NEW SECTION.  368.25  RECORDING DATE – VALUATION
 12 11 OF PROPERTY.
 12 12    If applicable portions of the annexation proceedings are
 12 13 recorded with the county recorder on or before December 1 of
 12 14 the calendar year in which the annexation was completed, the
 12 15 taxes collected in the annexed territory for the following
 12 16 fiscal year shall be disbursed to the annexing city.  If such
 12 17 recording is made after December 1, taxes collected in the
 12 18 annexed territory for the following fiscal year shall be
 12 19 disbursed as if the territory had not been annexed.
 12 20    Sec. 16.  NEW SECTION.  368.26  FAILURE TO PROVIDE
 12 21 MUNICIPAL SERVICES.
 12 22    If a city fails to provide municipal services to territory
 12 23 involuntarily annexed within three years after the annexation
 12 24 process is completed, the city development board shall
 12 25 initiate proceedings to sever the annexed territory from the
 12 26 city.  A petition for severance filed pursuant to this section
 12 27 shall be filed and acted upon in the same manner as a petition
 12 28 under section 368.11.  For purposes of this section and
 12 29 section 368.11, subsection 14, "municipal services" includes,
 12 30 but is not limited to, water supply, sewer disposal, solid
 12 31 waste collection, and police and fire protection.
 12 32    Sec. 17.  APPLICABILITY.
 12 33    1.  Section 14 of this Act, amending section 368.19,
 12 34 applies to elections held on or after the effective date of
 12 35 this Act.
 13  1    2.  The remainder of this Act applies to applications,
 13  2 petitions, or plans filed for boundary adjustment on or after
 13  3 the effective date of this Act.  
 13  4                           EXPLANATION 
 13  5    This bill makes changes to the law relating to development
 13  6 of land by subdividing land and by annexation of territory and
 13  7 other boundary adjustments.
 13  8    Code section 354.6 is amended to require that a subdivision
 13  9 plat be made when a tract of land is subdivided regardless of
 13 10 whether or not a plat of survey is recorded for the
 13 11 subdivision.
 13 12    Code sections 354.8 and 354.9 are amended to give a city
 13 13 council and board of supervisors authority to review for
 13 14 approval subdivisions of land lying within their jurisdiction
 13 15 for which a plat of survey has been prepared.  Current law
 13 16 gives them authority to review subdivision plats.  Code
 13 17 section 354.9 is also amended to provide that the
 13 18 extraterritorial area for cities with populations over 50,000
 13 19 may extend up to four miles from the city's boundaries.
 13 20 Current law gives a city extraterritorial authority up to two
 13 21 miles from its boundaries, within which the city, by
 13 22 ordinance, may regulate the division of land.
 13 23    Code section 368.4, relating to annexing moratorium
 13 24 agreements, is amended to require notice of a hearing on an
 13 25 agreement to be served at least 30 days before the hearing.
 13 26 Besides notice being served on the city development board, the
 13 27 bill requires that notice also be served on the board of
 13 28 supervisors of the county where the area is located and on all
 13 29 landowners whose property is located in the area that is the
 13 30 subject of the agreement.  The bill provides that notice must
 13 31 be served by certified mail or by personal service.  The
 13 32 county or property owners may challenge the moratorium
 13 33 agreement by filing a petition with the city development
 13 34 board.  Finally, the bill amends Code section 368.4 to provide
 13 35 that a voluntary annexation shall not be dismissed on the
 14  1 basis that it violates the terms of an annexing moratorium
 14  2 agreement.
 14  3    Code section 368.7 is amended to provide that an
 14  4 application for voluntary annexation must be approved by
 14  5 resolution of the city council after notice and public
 14  6 hearing.  The bill increases from 10 days to 14 days the time
 14  7 period which must expire between the time a copy of an
 14  8 application is mailed to each landowner and public utility and
 14  9 the time at which the council may take action on the
 14 10 application.  The bill provides that the city must hold a
 14 11 public hearing on the application and provide notice of the
 14 12 hearing to the county board of supervisors, each land owner,
 14 13 and each public utility in the territory to be annexed.  The
 14 14 bill provides that the city may assess the costs of providing
 14 15 notice to the applicants.  Code section 368.7 is also amended
 14 16 to provide that not more than 10 percent of the land area in
 14 17 the territory to be annexed may be included without the
 14 18 consent of the landowner.  The threshold is 20 percent in
 14 19 current law.
 14 20    Code section 368.7 is also amended, relating to annexation
 14 21 applications involving territory within the urbanized area of
 14 22 the annexing city and not within any other city's urbanized
 14 23 area.  The Code section is amended to provide that a copy of
 14 24 the application for such annexations must be sent by certified
 14 25 mail to the board of supervisors of the county at least 14
 14 26 days prior to any action.  The council is also required to
 14 27 publish notice of the application at least 14 days prior to
 14 28 any action taken by the council.
 14 29    Code section 368.7 is amended to require that certain
 14 30 documents relating to all voluntary annexation be filed with
 14 31 the county recorder.
 14 32    The requirements for voluntary annexations contained as
 14 33 amendments to Code section 368.7 in this bill currently are in
 14 34 place only for voluntary annexations of territory within the
 14 35 urbanized area of a city other than the annexing city.
 15  1    Code section 368.9 is amended to provide that those members
 15  2 of the city development board appointed to represent a county
 15  3 must reside in the unincorporated area of the county.
 15  4    Code section 368.11 is amended to require that each plan
 15  5 required to be filed with a petition must contain specific
 15  6 information relating to implementation of the plan.  Code
 15  7 section 368.11 is also amended to require that a city include
 15  8 in its petition for involuntary annexation the city's plans
 15  9 for providing municipal services to territory proposed to be
 15 10 annexed.  Specific information about soil conditions,
 15 11 development plans and programs within the territory and within
 15 12 the annexing city, and historical and projected land usage is
 15 13 also required to be contained in the plan.
 15 14    Code section 368.14 is amended to provide that the member
 15 15 of the local committee appointed by the board of supervisors
 15 16 must be a resident of the territory to be annexed or severed.
 15 17 The local committee is appointed to consider involuntary
 15 18 annexation and severance petitions.
 15 19    Code section 368.16 is amended to add more specific
 15 20 information to the description of relevant information to be
 15 21 considered by a local committee when considering whether to
 15 22 approve a proposal.
 15 23    Code section 368.17 is amended to add more reasons for
 15 24 which the local committee may not approve a boundary
 15 25 adjustment.
 15 26    Code section 368.19 is amended to provide that, for any
 15 27 election held on or after the effective date of the bill, an
 15 28 annexation or severance of territory to or from a city shall
 15 29 be approved by a majority of the city voters voting on the
 15 30 issue and by a majority of the voters voting and residing in
 15 31 the territory to be affected by the annexation or severance.
 15 32 The city voters and the voters of the affected territory must
 15 33 separately approve the proposal.  Under current law, the
 15 34 proposal is authorized if a majority of the combined votes of
 15 35 the city voters and the affected territory voters approves the
 16  1 proposal.  If there are no registered voters in a territory to
 16  2 be annexed or severed, a special election on the proposal
 16  3 shall not be conducted and the proposal shall be implemented
 16  4 as if the proposal was approved at a special election.
 16  5    Code section 368.25 is enacted to provide that if documents
 16  6 relating to the annexation which are required to be filed with
 16  7 the county recorder are filed on or before December 1 of the
 16  8 year the annexation was completed, taxes collected in the
 16  9 annexed territory for the following fiscal year shall be
 16 10 disbursed to the annexing city.  If recording is made after
 16 11 December 1, such taxes for the following fiscal year shall be
 16 12 disbursed as if the territory had not been annexed.
 16 13    Code section 368.26 is enacted to require the city
 16 14 development board to initiate an action for severance of
 16 15 territory which had been involuntarily annexed to a city if
 16 16 the city fails to provide municipal services to the territory
 16 17 within three years of the date the annexation is completed.  A
 16 18 petition for severance filed by the board under these
 16 19 circumstances is to be acted upon in the same manner as an
 16 20 involuntary petition, and is subject to approval by the
 16 21 committee of local representatives and is subject to approval
 16 22 at an election.
 16 23    The bill applies to annexation applications or petitions
 16 24 filed on or after the effective date of the bill.  
 16 25 LSB 6787HC 78
 16 26 sc/cls/14
     

Text: HSB00723                          Text: HSB00725
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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