Text: H08541 Text: H08543 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2316, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 1, by inserting before line 1, the 1 4 following: 1 5 "DIVISION I 1 6 SALE OF CERTAIN FARMLAND" 1 7 #2. Page 2, by striking lines 22 and 23, and 1 8 inserting the following: 1 9 "DIVISION II 1 10 STATE LAND MANAGEMENT AND PLANNING 1 11 Sec. . NEW SECTION. 6C.1 TITLE. 1 12 This chapter shall be known and may be cited as the 1 13 "Land Management Planning Act". 1 14 Sec. . NEW SECTION. 6C.2 LAND DEVELOPMENT AND 1 15 USE – STATE POLICY ESTABLISHED. 1 16 It is the policy of this state to provide for the 1 17 sound and orderly development and use of land and to 1 18 provide for the protection and preservation of the 1 19 private and public interest in the land, water, and 1 20 related resources of this state for the public health, 1 21 safety, morals, and general welfare of present and 1 22 future generations. It is further the policy of this 1 23 state to preserve the use of prime agricultural land 1 24 for agricultural production and to preserve natural, 1 25 cultural, and historical areas while striking a 1 26 balance between legitimate public purposes and private 1 27 property rights. 1 28 Sec. . NEW SECTION. 6C.3 DEFINITIONS. 1 29 1. "Agricultural land" means agricultural land as 1 30 that term is defined in section 9H.1. 1 31 2. "Board" means the land management planning 1 32 board established in section 6C.5. 1 33 3. "Department" means the department of economic 1 34 development. 1 35 4. "Public agency" means an agency as defined in 1 36 section 17A.2, a county, a city, or other political 1 37 subdivision, including but not limited to a principal 1 38 department as provided in section 7E.5, a school 1 39 corporation organized under chapter 273 or 274, a 1 40 community college as provided in chapter 260C, or a 1 41 township as provided in chapter 359. 1 42 5. "Strategic development plan" means a plan 1 43 adopted by a county and the cities within the county 1 44 and approved by the land management planning board as 1 45 provided in chapter 366. 1 46 Sec. . NEW SECTION. 6C.5 LAND MANAGEMENT 1 47 PLANNING BOARD. 1 48 1. A land management planning board is established 1 49 as the state's principal agency overseeing land 1 50 management planning by cities and counties. The board 2 1 shall oversee the administration of this chapter, and 2 2 chapters 366 and 368, monitor the effectiveness of 2 3 public agencies in carrying out the policy of this 2 4 state as established in section 6C.2, and study 2 5 methods to successfully implement the policy. 2 6 2. The board shall be composed of the following 2 7 members: 2 8 a. One member appointed from a city with a 2 9 population of more than forty-five thousand, according 2 10 to the most recent certified federal census. 2 11 b. One member appointed from a city with a 2 12 population of forty-five thousand or less, according 2 13 to the most recent certified federal census. 2 14 c. One member appointed from a county with a 2 15 population of more than fifty thousand, according to 2 16 the most recent certified federal census. 2 17 d. One member appointed from a county with a 2 18 population of fifty thousand or less, according to the 2 19 most recent certified federal census. 2 20 e. One member appointed to represent the general 2 21 public. 2 22 3. The members shall be appointed by the governor 2 23 subject to confirmation by the senate as provided in 2 24 section 2.32. The appointments shall be for six-year 2 25 staggered terms beginning and ending as provided in 2 26 section 69.19, or for an unexpired term if a vacancy 2 27 occurs. No member shall serve more than two complete 2 28 six-year terms. 2 29 4. The board shall elect a chairperson each year. 2 30 5. Members of the board, other than a state 2 31 officer or employee, are entitled to receive a per 2 32 diem as specified in section 7E.6 for each day spent 2 33 in performance of duties as members, and shall be 2 34 reimbursed for all actual and necessary expenses 2 35 incurred in the performance of duties as members. 2 36 6. The department shall provide office space and 2 37 staff assistance, and shall budget funds to cover 2 38 expenses of the board and of committees established 2 39 pursuant to chapter 368. The office of attorney 2 40 general shall provide legal counsel to the board. 2 41 Sec. . NEW SECTION. 6C.6 POWERS AND DUTIES OF 2 42 THE BOARD. 2 43 1. The board shall do all of the following: 2 44 a. Review strategic development plans submitted 2 45 for dispute resolution pursuant to section 366.6. 2 46 b. Review and approve plans submitted for final 2 47 approval pursuant to section 366.7. 2 48 c. Approve or disapprove petitions for boundary 2 49 adjustment as provided in chapter 368. 2 50 d. Establish policies for administration of the 3 1 land management planning fund created in section 6C.7. 3 2 e. Adopt rules pursuant to chapter 17A necessary 3 3 to administer its duties under this chapter and 3 4 chapters 366 and 368. The rules may include 3 5 establishing filing fees for applications and 3 6 petitions submitted to the board pursuant to chapter 3 7 368. 3 8 2. The board may adopt forms to be completed and 3 9 submitted by cities and counties as necessary for the 3 10 efficient administration of this chapter and chapters 3 11 366 and 368. 3 12 Sec. . NEW SECTION. 6C.7 LAND MANAGEMENT 3 13 PLANNING FUND. 3 14 1. A land management planning fund is created 3 15 within the state treasury under the control of the 3 16 department. Moneys in the fund shall be used 3 17 exclusively to pay for the costs of administration of 3 18 this chapter and chapters 366 and 368 by the 3 19 department. 3 20 2. The fund shall consist of all of the following: 3 21 a. Moneys appropriated by the general assembly. 3 22 b. Moneys available to and obtained or accepted by 3 23 the department from the federal government or private 3 24 sources for deposit in the fund. 3 25 c. Filing fees paid for applications and petitions 3 26 submitted to the board pursuant to chapter 368. 3 27 DIVISION III 3 28 LOCAL GOVERNMENT LAND MANAGEMENT AND PLANNING 3 29 Sec. . NEW SECTION. 366.1 DEFINITIONS. 3 30 1. "Agricultural land" means agricultural land as 3 31 defined in section 9H.1. 3 32 2. "Board" means the land management planning 3 33 board created in section 6C.5. 3 34 Sec. . NEW SECTION. 366.2 LOCAL STRATEGIC 3 35 DEVELOPMENT COMMITTEE. 3 36 1. A local strategic development committee is 3 37 created within each county whose population is forty 3 38 thousand or more or whose population is over ten 3 39 thousand and increased by six percent or more between 3 40 the 1990 federal decennial census and the 2000 federal 3 41 decennial census. Members shall be appointed to the 3 42 committee on or before September 1, 2002. The 3 43 committee shall be composed of the following members: 3 44 a. Three members appointed by the county board of 3 45 supervisors. Two of the three members must be 3 46 residents of the unincorporated area of the county. 3 47 b. One member appointed by the city council of 3 48 each city located in the county. 3 49 c. One member appointed by the mayor of each of 3 50 the two cities with the highest population located in 4 1 the county. 4 2 d. An additional member shall be appointed by the 4 3 mayor of each participating city for every fifty 4 4 thousand residents in the city. 4 5 2. A city shall be represented on a committee if 4 6 any part of the city is located in the county. 4 7 3. Two or more contiguous counties required to 4 8 create a strategic development plan may organize as 4 9 one combined strategic development committee. 4 10 4. The committee shall hold an organizational 4 11 meeting no later than ten days after appointment of 4 12 members. The organizational meeting shall be convened 4 13 by the chairperson of the county board of supervisors. 4 14 Sec. . NEW SECTION. 366.3 STRATEGIC 4 15 DEVELOPMENT PLAN – GOALS AND OBJECTIVES. 4 16 1. The local strategic development committee shall 4 17 create and recommend a strategic development plan for 4 18 the county. 4 19 2. The purpose of a strategic development plan is 4 20 to direct coordinated, efficient, and orderly urban 4 21 development that will, based on an analysis of present 4 22 and future needs, best promote the public health, 4 23 safety, morals, and general welfare. The goals and 4 24 objectives of a strategic development plan include the 4 25 following: 4 26 a. Encouraging a pattern of compact development in 4 27 strategic development areas. 4 28 b. Promoting redevelopment of existing urban 4 29 areas. 4 30 c. Promoting employment opportunities and the 4 31 economic health of the county and all cities in the 4 32 county. 4 33 d. Providing for a variety of housing choices 4 34 within strategic development areas and assuring 4 35 affordable housing for future population growth. 4 36 e. Identifying and conserving natural resource 4 37 areas, environmentally sensitive land, and features of 4 38 significant local, statewide, or regional 4 39 architectural, cultural, historical, or archaeological 4 40 interest. 4 41 f. Preserving land identified by the strategic 4 42 development committee as prime agricultural land for 4 43 use in agricultural production. 4 44 g. Balancing the need for land management 4 45 regulations with the protection of private property 4 46 rights. 4 47 h. Ensuring the efficient use of infrastructure 4 48 and that adequate municipal services are provided 4 49 concurrently with development. 4 50 i. Taking into consideration such other matters 5 1 that are related to the coordinated, efficient, and 5 2 orderly development of the county and all cities in 5 3 the county. 5 4 Sec. . NEW SECTION. 366.4 STRATEGIC 5 5 DEVELOPMENT PLAN – REQUIREMENTS. 5 6 1. A strategic development plan shall divide the 5 7 county into strategic development areas where future 5 8 development would be allowed to occur and strategic 5 9 preservation areas where development would not be 5 10 allowed. A strategic development plan shall address 5 11 transportation, public infrastructure, municipal 5 12 services, economic development, housing, recreation, 5 13 natural resources, and land use. A strategic 5 14 development plan may address hazard mitigation, energy 5 15 systems, cultural preservation, and other elements 5 16 appropriate to the area governed by the plan. 5 17 2. The committee shall conduct a review of 5 18 existing comprehensive plans governing the county, if 5 19 applicable, and governing each city located in the 5 20 county. 5 21 3. Before the committee drafts a strategic 5 22 development plan, the committee shall hold a public 5 23 hearing in order to obtain citizen input on 5 24 preparation of the strategic development plan. The 5 25 hearing shall be held no later than thirty days after 5 26 the committee's organizational meeting. The county 5 27 auditor shall publish notice of the time, date, place, 5 28 and purpose of the public hearing in a newspaper of 5 29 general circulation in the county. The notice must be 5 30 published not less than ten days but no more than 5 31 twenty days before the hearing. The notice shall 5 32 include a description of the general duties of the 5 33 strategic development committee and the cities and 5 34 counties represented on the strategic development 5 35 committee. 5 36 4. A strategic development plan shall include 5 37 documents describing and depicting the corporate 5 38 limits of each city in the county and the boundaries 5 39 of each strategic development area and each strategic 5 40 preservation area. 5 41 5. a. In establishing a strategic development 5 42 area, the plan shall do all of the following: 5 43 (1) Identify territory that a reasonable and 5 44 prudent person would project as the likely site of 5 45 commercial, industrial, or residential growth over the 5 46 next twenty years based on historical experience, 5 47 economic trends, population growth patterns, 5 48 topographical characteristics, and any professional 5 49 planning, engineering, and economic studies that are 5 50 available. The city shall report population growth 6 1 projections for the city based upon federal census 6 2 data. 6 3 (2) Identify agricultural land which has a corn 6 4 suitability rating of sixty or higher, according to 6 5 information released by Iowa state university to the 6 6 department of revenue and finance for assessment and 6 7 taxation of agricultural land. Agricultural land with 6 8 a corn suitability rating of sixty or higher shall not 6 9 be included in a strategic development area unless the 6 10 local strategic development committee makes a showing 6 11 that the land is necessary for the orderly development 6 12 of the strategic development area. 6 13 b. In establishing a strategic preservation area, 6 14 the plan shall identify territory to be preserved for 6 15 the next twenty years for agricultural purposes, 6 16 forests, recreational areas, wildlife management 6 17 areas, cultural areas, historical areas, or other 6 18 areas planned for preservation. 6 19 6. When designating that part of a strategic 6 20 development area contiguous to a city, the committee 6 21 shall identify, and give consideration to, the amount 6 22 of territory within the current incorporated 6 23 boundaries of the city that is vacant or undeveloped 6 24 land. 6 25 7. The committee shall utilize planning resources 6 26 that are available within the county, including city 6 27 and county planning commissions, zoning 6 28 administrators, and a council of governments 6 29 established pursuant to chapter 28H. The committee is 6 30 also encouraged to utilize the services of a joint 6 31 planning commission established pursuant to chapter 6 32 28I and colleges and universities in the state. 6 33 Sec. . NEW SECTION. 366.5 LOCAL GOVERNMENT 6 34 RATIFICATION OF STRATEGIC DEVELOPMENT PLAN. 6 35 1. Before the committee submits the plan 6 36 recommended for ratification, the committee shall hold 6 37 at least one public hearing on the proposed 6 38 recommended strategic development plan. The county 6 39 auditor shall publish notice of the time, place, and 6 40 purpose of the public hearing in a newspaper of 6 41 general circulation in the county. The notice must be 6 42 published at least ten days but no more than twenty 6 43 days before the hearing. 6 44 2. Not later than January 1, 2004, the committee 6 45 shall submit the recommended strategic development 6 46 plan to the county board of supervisors and the city 6 47 council of each city in the county. 6 48 a. Not later than sixty days after receiving the 6 49 recommended strategic development plan, the county 6 50 board of supervisors and each city council shall by 7 1 resolution either ratify or reject the recommended 7 2 strategic development plan. A city or county that 7 3 fails to timely act on the resolution shall be deemed 7 4 to have ratified the recommended strategic development 7 5 plan on the last day of the sixty-day period. If the 7 6 strategic development plan is ratified, the committee 7 7 shall submit the plan to the land management planning 7 8 board for approval. 7 9 b. If the county board of supervisors or a city 7 10 council rejects the recommended strategic development 7 11 plan submitted by the committee, the county or city 7 12 shall submit its objections to the plan along with the 7 13 notice of rejection. After receiving objections to 7 14 the plan, the committee may recommend a revised 7 15 strategic development plan no later than sixty days 7 16 after the recommended plan is rejected or may resubmit 7 17 the original plan. Before the committee submits the 7 18 revised plan recommended for ratification, the 7 19 committee shall hold at least one public hearing on 7 20 the revised plan in the manner provided in subsection 7 21 1. The committee shall submit any revised strategic 7 22 development plan, or resubmit the original plan, to 7 23 the county board of supervisors and the city council 7 24 of each city in the county for ratification. 7 25 Not later than sixty days after receiving a revised 7 26 strategic development plan or resubmitted original 7 27 plan, the county board of supervisors and each city 7 28 council shall either ratify or reject the plan in the 7 29 same manner as provided in paragraph "a". A city or 7 30 county that fails to timely act on a resolution shall 7 31 be deemed to have ratified the plan on the last day of 7 32 the sixty-day period. 7 33 Sec. . NEW SECTION. 366.6 DISPUTE RESOLUTION. 7 34 1. If a recommended strategic development plan and 7 35 a revised strategic development plan are rejected 7 36 pursuant to section 366.5, subsection 2, paragraph 7 37 "b", the committee shall submit each of the rejected 7 38 plans to the board for resolution of the matter within 7 39 ten days of rejection of the revised plan. The board 7 40 shall review the strategic development plans submitted 7 41 by the committee and may adopt such amendments to a 7 42 plan necessary for its approval by the board. 7 43 2. Not later than October 1, 2004, the board shall 7 44 have approved strategic development plans submitted to 7 45 the board for dispute resolution. Such approval is 7 46 deemed to satisfy the approval requirement of section 7 47 366.7. 7 48 Sec. . NEW SECTION. 366.7 PLAN SUBMITTED TO 7 49 BOARD FOR FINAL APPROVAL. 7 50 A strategic development plan ratified pursuant to 8 1 section 366.5 shall be submitted to the board for 8 2 approval within ten days of ratification of the plan. 8 3 If the board determines that a plan conforms with the 8 4 requirements of this chapter, the board shall approve 8 5 the plan. If the board determines that a plan does 8 6 not so conform, the board shall adopt such amendments 8 7 to the plan necessary for its approval by the board. 8 8 The board shall have approved all plans by January 1, 8 9 2005. 8 10 Sec. . NEW SECTION. 366.8 RECORDING OF 8 11 STRATEGIC DEVELOPMENT PLAN. 8 12 After the board has approved a strategic 8 13 development plan, the board shall retain a copy of the 8 14 plan on file and shall forward a copy to the county 8 15 auditor who shall record the plan in the office of 8 16 county recorder no later than five days after 8 17 receiving the plan from the board. 8 18 Sec. . NEW SECTION. 366.9 DURATION OF PLANS 8 19 – REVIEW AND AMENDMENT. 8 20 After a strategic development plan has been 8 21 recorded with the county recorder, the plan shall 8 22 remain in effect for not less than five years absent a 8 23 showing of extraordinary circumstances necessitating a 8 24 change in the plan. After expiration of the five-year 8 25 period, the county or a city in the county may propose 8 26 an amendment to the strategic development plan or may 8 27 propose a review of the plan by filing notice with the 8 28 county board of supervisors for the county and the 8 29 city council of each city in the county. Upon receipt 8 30 of such notice by the county and each city, the county 8 31 board of supervisors shall promptly reconvene the 8 32 local strategic planning committee. The burden of 8 33 proving the reasonableness of a proposed amendment to 8 34 the plan shall be upon the party proposing the 8 35 amendment. The procedures for amending the strategic 8 36 development plan shall be the same as the procedures 8 37 set forth in this chapter for creating the original 8 38 strategic development plan. 8 39 Sec. . NEW SECTION. 366.10 JUDICIAL REVIEW. 8 40 1. The county, a city in the county, a resident of 8 41 the county, or an owner of real property located in 8 42 the county may seek judicial review of a decision of 8 43 the board relating to the strategic development plan 8 44 presented to the board for its approval. The judicial 8 45 review provisions of this section and chapter 17A 8 46 shall be the exclusive means by which a person or 8 47 party who is aggrieved or adversely affected by action 8 48 of the board may seek judicial review of the action of 8 49 the board or of a local government. 8 50 2. A petition for judicial review must be filed 9 1 within sixty days after the strategic development plan 9 2 is recorded with the county recorder. In accordance 9 3 with the Iowa rules of civil procedure pertaining to 9 4 service of process, copies of the petition shall be 9 5 served upon the board. 9 6 3. The court's review is limited to questions 9 7 relating to jurisdiction, regularity of proceedings, 9 8 and whether the action of the board is, by a 9 9 preponderance of the evidence, arbitrary, 9 10 unreasonable, or without substantial supporting 9 11 evidence. The court may nullify an action of the 9 12 board and return the plan with appropriate directions 9 13 to the board. 9 14 4. The filing of a petition for judicial review 9 15 does not stay the effectiveness of the strategic 9 16 development plan or recognition of strategic 9 17 development areas and strategic preservation areas 9 18 identified in the plan. However, the court may order 9 19 a stay upon appropriate terms if it is shown to the 9 20 satisfaction of the court that any party or the public 9 21 at large is likely to suffer significant injury if a 9 22 stay is not granted. If more than one petition for 9 23 judicial review regarding a single board action is 9 24 filed, all such petitions shall be consolidated and 9 25 tried as a single civil action. 9 26 5. The following portions of section 17A.19 are 9 27 not applicable to this chapter: 9 28 a. The portion of subsection 2 relating to where 9 29 proceedings for judicial review shall be instituted. 9 30 b. Subsection 5. 9 31 c. Subsection 8. 9 32 d. Subsections 10 through 12. 9 33 Sec. . NEW SECTION. 366.11 LOCAL 9 34 IMPLEMENTATION. 9 35 1. A city or county governed by a strategic 9 36 development plan shall not adopt ordinances regulating 9 37 land development and management within its territory 9 38 that are inconsistent with the strategic development 9 39 plan governing the territory. 9 40 2. A county that has approved a strategic 9 41 development plan pursuant to this chapter, and any 9 42 city in such county, shall use the strategic 9 43 development plan as the basis for the comprehensive 9 44 plan required pursuant to section 335.5 or 414.3 if 9 45 the county or city has adopted a zoning ordinance. 9 46 The county and each city shall amend its comprehensive 9 47 plan to conform to the strategic development plan. 9 48 After a strategic development plan is approved, all 9 49 land use decisions made by the governing body of each 9 50 city and county and the city's or county's planning 10 1 commission shall be consistent with the strategic 10 2 development plan. 10 3 3. A city or county is under no obligation to 10 4 provide municipal services for development that does 10 5 not conform to the applicable strategic development 10 6 plan. 10 7 Sec. . NEW SECTION. 366.12 COUNTY AND CITY 10 8 ZONING DISCRETIONARY. 10 9 This chapter shall not be construed as imposing a 10 10 requirement on a county or city to adopt a zoning 10 11 ordinance pursuant to chapter 335 or 414. 10 12 Sec. . NEW SECTION. 414.32 REGULATORY 10 13 INCENTIVES. 10 14 Cities may provide regulatory incentives, including 10 15 expedited permitting and waiver of permit fees, for 10 16 new development, expansion of existing development, 10 17 and redevelopment within all or part of the 10 18 incorporated boundaries of the city in areas 10 19 containing undeveloped or underdeveloped land or 10 20 buildings that are substandard, dilapidated, vacant, 10 21 abandoned, or functionally obsolete. 10 22 DIVISION IV 10 23 CITY DEVELOPMENT 10 24 Sec. . Section 368.1, subsection 3, Code 2001, 10 25 is amended to read as follows: 10 26 3. "Board" means thecity developmentland 10 27 management planning board established in section368.910 28 6C.5. 10 29 Sec. . NEW SECTION. 368.5A ANNEXATION 10 30 PROHIBITED – STRATEGIC PRESERVATION AREAS. 10 31 Beginning January 1, 2005, for territory located in 10 32 a county governed by a strategic development plan, 10 33 only territory contained in a strategic development 10 34 area may be annexed. The city council or land 10 35 management planning board shall not approve any 10 36 application or petition that seeks to annex territory 10 37 contained in a strategic preservation area. However, 10 38 a city may annex territory in a strategic preservation 10 39 area if the city intends to retain the area's 10 40 designation as a strategic preservation area and if 10 41 the annexation is a voluntary annexation applied for 10 42 pursuant to section 368.7. 10 43 Sec. . Section 368.7A, subsection 1, Code 2001, 10 44 is amended to read as follows: 10 45 1. The board of supervisors of each affected 10 46 county shall notify thecity developmentland 10 47 management planning board of the existence of that 10 48 portion of any secondary road which extends to the 10 49 center line but has not become part of the city by 10 50 annexation and has a common boundary with a city. The 11 1 notification shall include a legal description and a 11 2 map identifying the location of the secondary road. 11 3 Thecity developmentland management planning board 11 4 shall provide notice and an opportunity to be heard to 11 5 each city in or next to which the secondary road is 11 6 located. Thecity developmentland management 11 7 planning board shall certify that the notification is 11 8 correct and declare the road, or portion of the road 11 9 extending to the center line, annexed to the city as 11 10 of the date of certification. This section is not 11 11 intended to interfere with or modify existing chapter 11 12 28E agreements on jurisdictional transfer of roads, or 11 13 continuing negotiations between jurisdictions. 11 14 Sec. . Section 368.11, Code Supplement 2001, is 11 15 amended by adding the following new unnumbered 11 16 paragraph before unnumbered paragraph 3: 11 17 NEW UNNUMBERED PARAGRAPH. Plans required by this 11 18 section to be filed with a petition shall include 11 19 specific information pertaining to estimated costs of 11 20 implementing the plan, the time frame involved in 11 21 implementing the plan, and any other specific 11 22 information related to implementing the plan. 11 23 Sec. . Section 368.11, Code Supplement 2001, is 11 24 amended by adding the following new subsection: 11 25 NEW SUBSECTION. 14. A statement describing how 11 26 the boundary adjustment will conform to the strategic 11 27 development plan governing the territory, if 11 28 applicable. 11 29 Sec. . Sections 368.9 and 368.10, Code 2001, 11 30 are repealed. 11 31 DIVISION V 11 32 CORRESPONDING AMENDMENTS 11 33 Sec. . Section 15.108, subsection 3, paragraph 11 34 a, subparagraph (2), Code Supplement 2001, is amended 11 35 to read as follows: 11 36 (2) Provide office space and staff assistance to 11 37 thecity developmentland management planning board as 11 38 provided in section368.96C.5. 11 39 Sec. . Section 331.304, subsection 7, Code 11 40 2001, is amended to read as follows: 11 41 7. The board may file a petition with thecity11 42developmentland management planning board as provided 11 43 in section 368.11. 11 44 Sec. . Section 331.321, subsection 1, paragraph 11 45 t, Code Supplement 2001, is amended to read as 11 46 follows: 11 47 t. Local representatives to serve with thecity11 48developmentland management planning board as provided 11 49 in section 368.14. 11 50 Sec. . Section 384.38, subsection 2, Code 2001, 12 1 is amended to read as follows: 12 2 2. Upon petition as provided in section 384.41, 12 3 subsection 1, a city may assess to private property 12 4 affected by public improvements within three miles of 12 5 the city's boundaries the cost of construction and 12 6 repair of public improvements within that area. The 12 7 right-of-way of a railway company shall not be 12 8 assessed unless the company joins as a petitioner for 12 9saidsuch improvements. In the petition the property 12 10 owners shall waive the limitation provided in section 12 11 384.62 that an assessment may not exceed twenty-five 12 12 percent of the value of the lot. The petition shall 12 13 contain a statement that the owners agree to pay the 12 14 city an amount equal to five percent of the cost of 12 15 the improvements, to cover administrative expenses 12 16 incurred by the city. This amount may be added to the 12 17 cost of the improvements. Before the council may 12 18 adopt the resolution of necessity, the preliminary 12 19 resolution, preliminary plans and specifications, 12 20 plat, schedule, and estimate of cost must be submitted 12 21 to, and receive written approval from, the board of 12 22 supervisors of any county which contains part of the 12 23 property, and thecity developmentland management 12 24 planning board established in section368.96C.5. 12 25 Sec. . LAND MANAGEMENT PLANNING BOARD 12 26 TRANSITION. Terms of current city development board 12 27 members shall continue until their expiration. 12 28 Sec. . IMPLEMENTATION OF ACT. Section 25B.2, 12 29 subsection 3, shall not apply to this Act. 12 30 Sec. . EFFECTIVE DATES. 12 31 1. Division I of this Act, being deemed of 12 32 immediate importance, takes effect upon enactment. 12 33 2. The sections of this Act enacting Code section 12 34 368.5A and amending Code section 368.11 take effect 12 35 January 1, 2005. 12 36 3. The remainder of this Act takes effect May 1, 12 37 2002." 12 38 #3. Title page, by striking lines 1 through 4, and 12 39 inserting the following: "An Act relating to land use 12 40 by providing for the sale of certain farmland by Iowa 12 41 state university of science and technology, providing 12 42 for the appropriation and use of proceeds from the 12 43 sale, providing a method for state and local land 12 44 management and planning, and providing effective 12 45 dates." 12 46 #4. By renumbering as necessary. 12 47 12 48 12 49 12 50 FALLON of Polk 13 1 SF 2316.702 79 13 2 sc/cls
Text: H08541 Text: H08543 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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