Text: SF00345 Text: SF00347 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 368.11, unnumbered paragraph 4, Code 1 2 1999, is amended to read as follows: 1 3 At leasttenthirty days before a petition for involuntary 1 4 annexation is filed as provided in this section, the 1 5 petitioner shall make its intention known by sending a letter 1 6 of intent by certified mail to the council of each city whose 1 7 urbanized area contains a portion of the territory, the board 1 8 of supervisors of each county which contains a portion of the 1 9 territory, the regional planning authority of the territory 1 10 involved, each affected public utility, and to each property 1 11 owner listed in the petition. The written notification shall 1 12 include notice that the petitioners shall hold a public 1 13 meeting on the petition for involuntary annexation prior to 1 14 the filing of the petition. 1 15 Sec. 2. Section 368.11, Code 1999, is amended by adding 1 16 the following new unnumbered paragraph after unnumbered 1 17 paragraph 5: 1 18 NEW UNNUMBERED PARAGRAPH. In any case where the board of 1 19 supervisors of the county in which the territory is located is 1 20 not the petitioner, the board must, upon receipt of the letter 1 21 of intent to annex, call a public meeting on the proposed 1 22 petition. The public meeting shall be held within ten days of 1 23 receipt of such letter and shall be conducted by the board of 1 24 supervisors. Prior to the meeting, the board shall publish 1 25 notice of the meeting in a newspaper of general circulation in 1 26 the county. 1 27 Sec. 3. Section 368.19, Code 1999, is amended to read as 1 28 follows: 1 29 368.19 TIME LIMIT – ELECTION. 1 30 1. The committee shall approve or disapprove the petition 1 31 or plan as amended, within ninety days of the final hearing, 1 32 and shall file its decision for record and promptly notify the 1 33 parties to the proceeding of its decision. If a petition or 1 34 plan is approved, the board shall set a date not less than 1 35 thirty days nor more than ninety days after approval for a 2 1 special election on the proposal and the county commissioner 2 2 of elections shall conduct the election. In a case of 2 3 incorporation or discontinuance, registered voters of the 2 4 territory or city may vote, and the proposal is authorized if 2 5 a majority of those voting approves it. In a case of 2 6annexation orseverance, registered voters of the territory 2 7 and of the city may vote, and the proposal is authorized if a 2 8 majority of the total number of persons voting approves it. 2 9 In a case of consolidation, registered voters of each city to 2 10 be consolidated may vote, and the proposal is authorized only 2 11 if it receives a favorable majority vote in each city.The2 12county commissioner of elections shall publish notice of the2 13election as provided in section 49.53 and shall conduct the2 14election in the same manner as other special city elections.2 15 2. In a case of annexation: 2 16 a. If the territory to be annexed is less than six hundred 2 17 forty acres in area, the petition or plan must be approved by 2 18 the board of supervisors of the county in which the territory 2 19 is located within thirty days of a final determination on the 2 20 petition or plan by the city development board. If the 2 21 petition or plan is approved by the board of supervisors, the 2 22 supervisors shall direct the county commissioner of elections 2 23 to call a special election on the proposal. Registered voters 2 24 of the territory and of the city may vote, and the proposal is 2 25 authorized if a majority of the total number of persons voting 2 26 approves it. 2 27 b. If the territory to be annexed is six hundred forty 2 28 acres or more in area, registered voters of the territory and 2 29 of the city may vote, and the proposal is authorized if a 2 30 majority of the total number of persons residing in the 2 31 territory and voting approves it and if a majority of the 2 32 total number of persons residing in the city and voting 2 33 approves it. If the amount of territory annexed by a city 2 34 exceeds six hundred forty acres in the aggregate over a three- 2 35 year period, all subsequent petitions for involuntary 3 1 annexation proposed by the city shall be voted on pursuant to 3 2 this paragraph, regardless of the amount of territory proposed 3 3 to be annexed. 3 4 3. The county commissioner of elections shall publish 3 5 notice of the election as provided in section 49.53 and shall 3 6 conduct the election in the same manner as other special city 3 7 elections. 3 8 4. The city shall provide to the commissioner of elections 3 9 a map of the area to be incorporated, discontinued, annexed, 3 10 severed, or consolidated, which must be approved by the 3 11 commissioner as suitable for posting. The map shall be 3 12 displayed prominently in at least four places within the 3 13 voting precinct, and inside each voting booth, or on the left- 3 14 hand side inside the curtain of each voting machine. 3 15 5. The costs of an incorporation election shall be borne 3 16 by the initiating petitioners if the election fails, but if 3 17 the proposition is approved the cost shall become a charge of 3 18 the new city. 3 19 EXPLANATION 3 20 This bill provides that in any case of involuntary 3 21 annexation where the petitioner is not the county board of 3 22 supervisors, the board of supervisors is required to hold a 3 23 public meeting on the petition in the same manner as the 3 24 petitioner city. The meeting must be held within 10 days of 3 25 receipt of a letter of intent to annex mailed to the county 3 26 board by the petitioner. 3 27 The bill also amends provisions relating to annexation 3 28 elections. The bill provides that if less than 640 acres of 3 29 territory are proposed to be annexed, the petition or plan 3 30 must receive the approval of the county board of supervisors 3 31 of the county in which the territory is located before the 3 32 petition or plan may go to special election. At the election, 3 33 a majority of all voters is required for approval. If the 3 34 territory to be annexed is more than 640 acres, a bifurcated 3 35 vote is required and the proposal must receive the votes of a 4 1 majority of city residents in favor and a majority of voters 4 2 in the territory in favor. If a city has annexed more than 4 3 640 acres in the aggregate over three years, all subsequent 4 4 petitions or plans filed are subject to the bifurcated vote 4 5 provisions. 4 6 LSB 2857XS 78 4 7 sc/cf/24
Text: SF00345 Text: SF00347 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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