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PAG LIN 1 1 Section 1. Section 368.7, subsection 1, Code 2001, is 1 2 amended to read as follows: 1 3 1. All of the owners of land in a territory adjoining a 1 4 city may apply in writing to the council of the adjoining city 1 5 requesting annexation of the territory. Territory comprising 1 6 railway right-of-way or territory comprising not more than 1 7 twenty percent of the land area may be included in the 1 8 application without the consent of the owner to avoid creating 1 9 an island or to create more uniform boundaries if a copy of 1 10 the application is mailed by certified mail to the owner and 1 11 each affected public utility, at leasttenfourteen days prior 1 12 to any action taken by the city council on the application. 1 13 The application must contain a legal description and a map of 1 14 the territory showing its location in relationship to the 1 15 city. 1 16 An application for voluntary annexation of territory by a 1 17 city must be approved by resolution of the council that 1 18 receives the application. The city council shall approve or 1 19 deny the application following notice and public hearing as 1 20 required in this section. An annexation including territory 1 21 comprising not more than twenty percent of the land area 1 22 without consent of the property owners is not complete without 1 23 approval by four-fifths of the members of the board after a 1 24 hearing for all affected property owners and the county. Upon 1 25 approval of the annexation, the board shall file a copy of the 1 26 resolution, map, and legal description of the territory with 1 27 the county recorder of each county which contains any portion 1 28 of the territory. 1 29 Sec. 2. Section 368.7, subsection 2, Code 2001, is amended 1 30 to read as follows: 1 31 2. An application for annexation of territory not within 1 32 an urbanized area of a city other than the city to which the 1 33 annexation is directed must be approved by resolution of the 1 34 council which receives the application. In the discretion of 1 35 a city council, the resolution may include a provision for a 2 1 transition for the imposition of taxes as provided in section 2 2 368.11, subsection 13. The city council shall mail a copy of 2 3 the application by certified mail to the board of supervisors 2 4 of each county which contains a portion of the territory at 2 5 least fourteen days prior to any action taken by the city 2 6 council on the application. The council shall also publish 2 7 notice of the application in an official county newspaper in 2 8 each county which contains a portion of the territory at least 2 9 ten days prior to any action taken by the council on the 2 10 application. Upon receiving approval of the council, the city 2 11 clerk shall file a copy of the resolution, map, and legal 2 12 description of the territory involved with the secretary of 2 13 state, the county board of supervisors of each county which 2 14 contains a portion of the territory, each affected public 2 15 utility, and the state department of transportation. The city 2 16 clerk shall also record a copy of the legal description, map, 2 17 and resolution with the county recorder of each county which 2 18 contains a portion of the territory. The secretary of state 2 19 shall not accept and acknowledge a copy of a legal 2 20 description, map, and resolution of annexation which would 2 21 create an island. The annexation is completed upon 2 22 acknowledgment by the secretary of state that the secretary of 2 23 state has received the legal description, map, and resolution. 2 24 Sec. 3. Section 368.7, subsection 3, Code 2001, is amended 2 25 to read as follows: 2 26 3. An application for annexation of territory within an 2 27 urbanized area of a city other than the city to which the 2 28 annexation is directed must be approved both by resolution of 2 29 the council which receives the application and by the board. 2 30 The board shall not approve an application which creates an 2 31 island. Notice of the application shall be mailed by 2 32 certified mail, by the city to which the annexation is 2 33 directed, at leasttenfourteen days prior to any action by 2 34 the city council on the application to the council of each 2 35 city whose boundary adjoins the territory or is within two 3 1 miles of the territory, to the board of supervisors of each 3 2 county which contains a portion of the territory, each 3 3 affected public utility, and to the regional planning 3 4 authority of the territory. Notice of the application shall 3 5 be published in an official county newspaper in each county 3 6 which contains a portion of the territory at least ten days 3 7 prior to any action by the city council on the application. 3 8 In the discretion of a city council, the resolution may 3 9 include a provision for a transition for the imposition of 3 10 taxes as provided in section 368.11, subsection 13. The 3 11 annexation is completed when the board has filed and recorded 3 12 copies of applicable portions of the proceedings as required 3 13 by section 368.20, subsection 2. 3 14 Sec. 4. Section 368.11, unnumbered paragraph 4, Code 2001, 3 15 is amended to read as follows: 3 16 At leasttenthirty days before a petition for involuntary 3 17 annexation is filed as provided in this section, the 3 18 petitioner shall make its intention known by sending a letter 3 19 of intent by certified mail to the council of each city whose 3 20 urbanized area contains a portion of the territory, the board 3 21 of supervisors of each county which contains a portion of the 3 22 territory, the regional planning authority of the territory 3 23 involved, each affected public utility, and to each property 3 24 owner listed in the petition. The written notification shall 3 25 include notice that the petitioners shall hold a public 3 26 meeting on the petition for involuntary annexation prior to 3 27 the filing of the petition. 3 28 Sec. 5. Section 368.11, unnumbered paragraph 5, Code 2001, 3 29 is amended to read as follows: 3 30 Before a petition for involuntary annexation may be filed, 3 31 the petitioner shall hold a public meeting on the petition. 3 32 Notice of the meeting shall be published in an official county 3 33 newspaper in each county which contains a part of the 3 34 territory at leastfiveten days before the date of the public 3 35 meeting. The mayor of the city proposing to annex the 4 1 territory, or that person's designee, shall serve as 4 2 chairperson of the public meeting. The city clerk of the same 4 3 city or the city clerk's designee shall record the proceedings 4 4 of the public meeting. Any person attending the meeting may 4 5 submit written comments and may be heard on the petition. The 4 6 minutes of the public meeting and all documents submitted at 4 7 the public meeting shall be forwarded to the board by the 4 8 chairperson of the meeting. 4 9 Sec. 6. APPLICABILITY. This Act applies to applications, 4 10 petitions, or plans filed for annexation of territory on or 4 11 after the effective date of this Act. 4 12 EXPLANATION 4 13 This bill makes changes to the law relating to annexation 4 14 of territory. 4 15 Code section 368.7 is amended to provide that an 4 16 application for voluntary annexation that is not required to 4 17 have the consent of all landowners of the territory must be 4 18 approved by resolution of the city council after notice and 4 19 public hearing. The bill increases from 10 days to 14 days 4 20 the time period which must expire between the time a copy of 4 21 an application is mailed to each landowner and public utility 4 22 and the time at which the council may take action on the 4 23 application. 4 24 Code section 368.7 is also amended, relating to annexation 4 25 applications involving territory within the urbanized area of 4 26 the annexing city and not within any other city's urbanized 4 27 area. The Code section is amended to provide that a copy of 4 28 the application for such annexations must be sent by certified 4 29 mail to the board of supervisors of the county at least 14 4 30 days prior to any action. The council is also required to 4 31 publish notice of the application at least 10 days prior to 4 32 any action taken by the council. 4 33 The bill also amends Code section 368.7 to increase from 10 4 34 days to 14 days the time period that notice must be provided 4 35 before a city takes action to voluntarily annex territory 5 1 within the urbanized area of another city. 5 2 Code section 368.7 is amended to require that certain 5 3 documents relating to all voluntary annexations be filed with 5 4 the county recorder. 5 5 Code section 368.11 is amended to increase from 10 days to 5 6 30 days the time when notice of an involuntary petition must 5 7 be provided to interested parties. The Code section is also 5 8 amended to increase from five days to 10 days the date by 5 9 which publication notice must be made before a public meeting 5 10 on the petition. 5 11 The bill applies to applications, petitions, or plans for 5 12 annexation filed on or after the effective date of the bill. 5 13 LSB 3358SV 79 5 14 sc/cls/14
Text: SF00500 Text: SF00502 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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