Text: SSB01224 Text: SSB01226 Text: SSB01200 - SSB01299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 368.4, Code 2001, is amended to read as 1 2 follows: 1 3 368.4 ANNEXING MORATORIUM. 1 4 A city, following notice and hearing, may by resolution 1 5 agree with another city or cities to refrain from annexing 1 6 specifically described territory for a period not to exceed 1 7 ten years and, following notice and hearing, may by resolution 1 8 extend the agreement for subsequent periods not to exceed ten 1 9 years each. Notice of a hearing shall be served at least 1 10 thirty days before the hearing on the city development board, 1 11
and aon the board of supervisors of the county in which the 1 12 territory is located. Service shall be by regular mail. The 1 13 notice shall include the time and place of the hearing, 1 14 describe the territory subject to the proposed agreement, and 1 15 the general terms of the agreement. Notice shall also be 1 16 given by publication in an official county newspaper in each 1 17 county which contains any portion of the territory that is the 1 18 subject of the agreement. After enactment of a resolution by 1 19 the cities approving the agreement, a copy of the agreement 1 20 and a copy of any resolution extending an agreement shall be 1 21 filed with the city development board within thirtyten days 1 22 of enactment. 1 23 The city development board shall review the agreement and 1 24 make a determination of approval or disapproval upon receipt 1 25 of a petition challenging the resolution. The petition must 1 26 be filed with the city development board by the county board 1 27 of supervisors of a county in which the territory is located 1 28 or by property owners comprising twenty-five percent of the 1 29 land area in the territory impacted by the agreement. The 1 30 petition must be filed within twenty days of enactment of the 1 31 resolution by the cities. If a petition is not filed with the 1 32 city development board, the agreement is deemed approved. The 1 33 city development board shall base its finding upon all 1 34 relevant information, including but not limited to the 1 35 following: 2 1 1. The degree to which the agreement is consistent with 2 2 the ability of the respective cities and private service 2 3 providers to logically provide cost-effective services to the 2 4 territory, including, but not limited to, water supply, sewer 2 5 disposal, road maintenance and repair, and fire and police. 2 6 2. The degree to which the agreement is consistent with 2 7 existing land use plans for the territory. 2 8 3. The degree to which the agreement is consistent with 2 9 wishes of the landowners and residents of the territory. 2 10 4. The location of the territory in relation to each 2 11 city's urbanized area. 2 12 5. The degree to which the projected population growth 2 13 patterns of the communities is consistent with the agreement. 2 14 6. The degree to which the agreement is consistent with 2 15 street addresses and school district boundaries of the 2 16 territory. 2 17 PARAGRAPH DIVIDED. If such an agreement is in force, the 2 18 board shall dismiss a petition or plan which violates the 2 19 terms of the agreement. 2 20 Sec. 2. Section 368.7, subsection 1, Code 2001, is amended 2 21 to read as follows: 2 22 1. All of the owners of land in a territory adjoining a 2 23 city may apply in writing to the council of the adjoining city 2 24 requesting annexation of the territory. Territory comprising 2 25 railway right-of-way or territory comprising not more than 2 26 twenty percent of the land area may be included in the 2 27 application without the consent of the owner to avoid creating 2 28 an island or to create more uniform boundaries if a copy of 2 29 the application is mailed by certified mail to the owner and 2 30 each affected public utility, at least tenfourteen days prior 2 31 to any action taken by the city council on the application. 2 32 The application must contain a legal description and a map of 2 33 the territory showing its location in relationship to the 2 34 city. 2 35 An application for voluntary annexation of territory by a 3 1 city must be approved by resolution of the council that 3 2 receives the application. The city council shall approve or 3 3 deny the application following notice and public hearing as 3 4 required in this section. An annexation including territory 3 5 comprising not more than twenty percent of the land area 3 6 without consent of the property owners is not complete without 3 7 approval by four-fifths of the members of the board after a 3 8 hearing for all affected property owners and the county. Upon 3 9 approval of the annexation, the board shall file a copy of the 3 10 resolution, map, and legal description of the territory with 3 11 the county recorder of each county which contains any portion 3 12 of the territory. 3 13 Sec. 3. Section 368.7, Code 2001, is amended by adding the 3 14 following new unnumbered paragraph: 3 15 NEW UNNUMBERED PARAGRAPH. The city shall provide for a 3 16 public hearing on the application before approving or denying 3 17 it. The city shall provide written notice at least fourteen 3 18 days prior to any action by the city council regarding the 3 19 application, including a public hearing, by certified mail to 3 20 the chairperson of the board of supervisors of each county 3 21 which contains a portion of the territory proposed to be 3 22 annexed, each public utility which serves the territory 3 23 proposed to be annexed, each owner of property located within 3 24 the territory to be annexed who is not a party to the 3 25 application, and each owner of property which adjoins the 3 26 territory to be annexed. The city shall publish notice of the 3 27 application and public hearing on the application in an 3 28 official county newspaper in each county which contains a 3 29 portion of the territory proposed to be annexed at least ten 3 30 days prior to any action by the city council on the 3 31 application. Both the written and published notice shall 3 32 include the time and place of the public hearing and a legal 3 33 description of the territory to be annexed. The city may 3 34 assess the costs of providing notice as required in this 3 35 section to the applicants. 4 1 Sec. 4. Section 368.7, subsection 2, Code 2001, is amended 4 2 to read as follows: 4 3 2. An application for annexation of territory not within 4 4 an urbanized area of a city other than the city to which the 4 5 annexation is directed must be approved by resolution of the 4 6 council which receives the application. In the discretion of 4 7 a city council, the resolution may include a provision for a 4 8 transition for the imposition of taxes as provided in section 4 9 368.11, subsection 13. The city council shall mail a copy of 4 10 the application by certified mail to the board of supervisors 4 11 of each county which contains a portion of the territory at 4 12 least fourteen days prior to any action taken by the city 4 13 council on the application. The council shall also publish 4 14 notice of the application in an official county newspaper in 4 15 each county which contains a portion of the territory at least 4 16 ten days prior to any action taken by the council on the 4 17 application. Upon receiving approval of the council, the city 4 18 clerk shall file a copy of the resolution, map, and legal 4 19 description of the territory involved with the secretary of 4 20 state, the county board of supervisors of each county which 4 21 contains a portion of the territory, each affected public 4 22 utility, and the state department of transportation. The city 4 23 clerk shall also record a copy of the legal description, map, 4 24 and resolution with the county recorder of each county which 4 25 contains a portion of the territory. The secretary of state 4 26 shall not accept and acknowledge a copy of a legal 4 27 description, map, and resolution of annexation which would 4 28 create an island. The annexation is completed upon 4 29 acknowledgment by the secretary of state that the secretary of 4 30 state has received the legal description, map, and resolution. 4 31 Sec. 5. Section 368.7, subsection 3, Code 2001, is amended 4 32 to read as follows: 4 33 3. An application for annexation of territory within an 4 34 urbanized area of a city other than the city to which the 4 35 annexation is directed must be approved both by resolution of 5 1 the council which receives the application and by the board. 5 2 The board shall not approve an application which creates an 5 3 island. Notice of the application shall be mailed by 5 4 certified mail, by the city to which the annexation is 5 5 directed, at least tenfourteen days prior to any action by 5 6 the city council on the application to the council of each 5 7 city whose boundary adjoins the territory or is within two 5 8 miles of the territory, to the board of supervisors of each 5 9 county which contains a portion of the territory, each 5 10 affected public utility, and to the regional planning 5 11 authority of the territory. Notice of the application shall 5 12 be published in an official county newspaper in each county 5 13 which contains a portion of the territory at least ten days 5 14 prior to any action by the city council on the application. 5 15 In the discretion of a city council, the resolution may 5 16 include a provision for a transition for the imposition of 5 17 taxes as provided in section 368.11, subsection 13. The 5 18 annexation is completed when the board has filed and recorded 5 19 copies of applicable portions of the proceedings as required 5 20 by section 368.20, subsection 2. 5 21 Sec. 6. Section 368.11, unnumbered paragraph 4, Code 2001, 5 22 is amended to read as follows: 5 23 At least tenthirty days before a petition for involuntary 5 24 annexation is filed as provided in this section, the 5 25 petitioner shall make its intention known by sending a letter 5 26 of intent by certified mail to the council of each city whose 5 27 urbanized area contains a portion of the territory, the board 5 28 of supervisors of each county which contains a portion of the 5 29 territory, the regional planning authority of the territory 5 30 involved, each affected public utility, and to each property 5 31 owner listed in the petition. The written notification shall 5 32 include notice that the petitioners shall hold a public 5 33 meeting on the petition for involuntary annexation prior to 5 34 the filing of the petition. 5 35 Sec. 7. Section 368.11, unnumbered paragraph 5, Code 2001, 6 1 is amended to read as follows: 6 2 Before a petition for involuntary annexation may be filed, 6 3 the petitioner shall hold a public meeting on the petition. 6 4 Notice of the meeting shall be published in an official county 6 5 newspaper in each county which contains a part of the 6 6 territory at least fiveten days before the date of the public 6 7 meeting. The mayor of the city proposing to annex the 6 8 territory, or that person's designee, shall serve as 6 9 chairperson of the public meeting. The city clerk of the same 6 10 city or the city clerk's designee shall record the proceedings 6 11 of the public meeting. Any person attending the meeting may 6 12 submit written comments and may be heard on the petition. The 6 13 minutes of the public meeting and all documents submitted at 6 14 the public meeting shall be forwarded to the board by the 6 15 chairperson of the meeting. 6 16 Sec. 8. APPLICABILITY. Section 1 of this Act applies to 6 17 adoption of resolutions proposing, extending, or repealing 6 18 moratorium agreements on or after the effective date of this 6 19 Act. The remainder of this Act applies to applications, 6 20 petitions, or plans filed for annexation of territory on or 6 21 after the effective date of this Act. 6 22 EXPLANATION 6 23 This bill makes changes to the law relating to annexation 6 24 of territory. 6 25 The bill amends Code section 368.4, relating to annexing 6 26 moratorium agreements, to require that notice of a hearing on 6 27 an agreement be served at least 30 days before the hearing. 6 28 Besides notice being served on the city development board, the 6 29 bill requires that notice also be served on the board of 6 30 supervisors of the county where the territory is located. The 6 31 bill provides that notice must be served by regular mail. 6 32 Notice must also be made by publication in an official county 6 33 newspaper in each county which contains any portion of the 6 34 territory that is the subject of the agreement. The county or 6 35 property owners may challenge the moratorium agreement by 7 1 filing a petition with the city development board. These 7 2 amendments apply to adoption of resolutions proposing, 7 3 extending, or repealing agreements on or after the effective 7 4 date of this bill. 7 5 Code section 368.7 is amended to provide that an 7 6 application for voluntary annexation that is not required to 7 7 have the consent of all landowners of the territory must be 7 8 approved by resolution of the city council after notice and 7 9 public hearing. The bill increases from 10 days to 14 days 7 10 the time period which must expire between the time a copy of 7 11 an application is mailed to each landowner and public utility 7 12 and the time at which the council may take action on the 7 13 application. The bill provides that the city must hold a 7 14 public hearing on the application and provide notice of the 7 15 hearing to the county board of supervisors, each landowner, 7 16 and each public utility in the territory to be annexed. The 7 17 city must also provide notice by publication at least 10 days 7 18 before any action by the city council on the application. The 7 19 bill provides that the city may assess the costs of providing 7 20 notice to the applicants. 7 21 Code section 368.7 is also amended, relating to annexation 7 22 applications involving territory within the urbanized area of 7 23 the annexing city and not within any other city's urbanized 7 24 area. The Code section is amended to provide that a copy of 7 25 the application for such annexations must be sent by certified 7 26 mail to the board of supervisors of the county at least 14 7 27 days prior to any action. The council is also required to 7 28 publish notice of the application at least 10 days prior to 7 29 any action taken by the council. Code section 368.7 is 7 30 amended to require that certain documents relating to all 7 31 voluntary annexations be filed with the county recorder. 7 32 The bill also amends Code section 368.7 to increase from 10 7 33 days to 14 days the time period that notice must be provided 7 34 before a city takes action to voluntarily annex territory 7 35 within the urbanized area of another city. 8 1 Code section 368.11 is amended to increase from 10 days to 8 2 30 days the time when notice of an involuntary petition must 8 3 be provided to interested parties. The Code section is also 8 4 amended to increase from five days to 10 days the date by 8 5 which publication notice must be made before a public meeting 8 6 on the petition. 8 7 Amendments in the bill relating to voluntary and 8 8 involuntary annexations apply to applications, petitions, or 8 9 plans for annexation filed on or after the effective date of 8 10 the bill. 8 11 LSB 3358SC 79 8 12 sc/cls/14
Text: SSB01224 Text: SSB01226 Text: SSB01200 - SSB01299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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Last update: Fri Mar 23 03:35:27 CST 2001