Text: H01223                            Text: H01225
Text: H01200 - H01299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 1224

Amendment Text

PAG LIN
  1  1    Amend House File 595 as follows:
  1  2    #1.  Page 1, by inserting after line 19, the
  1  3 following:
  1  4    "Sec.    .  Section 368.4, Code 2003, is amended to
  1  5 read as follows:
  1  6    368.4  ANNEXING MORATORIUM.
  1  7    A city, following notice and hearing, may by
  1  8 resolution agree with another city or cities to
  1  9 refrain from annexing specifically described territory
  1 10 for a period not to exceed ten years and, following
  1 11 notice and hearing, may by resolution extend the
  1 12 agreement for subsequent periods not to exceed ten
  1 13 years each.  Notice of a hearing shall be served by
  1 14 regular mail at least thirty days before the hearing
  1 15 on the city development board, and on the board of
  1 16 supervisors of the county in which the territory is
  1 17 located, and on all persons owning land within the
  1 18 area subject to the agreement and shall be published
  1 19 in an official county newspaper in each county
  1 20 containing a city conducting a hearing regarding the
  1 21 agreement, in any county within two miles of any such
  1 22 city, and in an official newspaper of each city
  1 23 conducting a hearing regarding the agreement.  The
  1 24 notice shall include the time and place of the
  1 25 hearing, describe the territory subject to the
  1 26 proposed agreement, and the general terms of the
  1 27 agreement.  After passage of a resolution by the
  1 28 cities approving the agreements, a copy of the
  1 29 agreement and a copy of any resolution extending an
  1 30 agreement shall be filed with the city development
  1 31 board within ten days of enactment.  If such an
  1 32 agreement is in force, the board shall dismiss a
  1 33 petition or plan which violates the terms of the
  1 34 agreement."
  1 35    #2.  Page 2, by striking lines 3 through 8, and
  1 36 inserting the following:  "hearing for all affected
  1 37 property owners and the county.  Public land may be
  1 38 included in the".
  1 39    #3.  Page 3, line 26, by inserting after the word
  1 40 "annexed" the following:  "unless the adjoining
  1 41 property is in a city".
  1 42    #4.  Page 4, by striking lines 17 and 18, and
  1 43 inserting the following:  "considering such an
  1 44 annexation application, the board may request that the
  1 45 annexing city provide information on the amount of
  1 46 land located in the".
  1 47    #5.  Page 4, by inserting after line 21, the
  1 48 following:
  1 49    "Sec.    .  Section 368.11, Code 2003, is amended
  1 50 by adding the following new subsection:
  2  1    NEW SUBSECTION.  14.  In the case of an annexation,
  2  2 a plan for extending municipal services to be provided
  2  3 by the annexing city to the annexed territory within
  2  4 three years of July 1 of the fiscal year in which city
  2  5 taxes are collected against property in the annexed
  2  6 territory."
  2  7    #6.  Page 5, line 6, by striking the word "Before"
  2  8 and inserting the following:  "Within thirty days
  2  9 after receiving notice that".
  2 10    #7.  Page 5, line 7, by striking the words "may be
  2 11 submitted to" and inserting the following:  "has been
  2 12 filed with".
  2 13    #8.  Page 5, by inserting before line 20, the
  2 14 following:
  2 15    "Sec.    .  Section 368.25, Code 2003, is amended
  2 16 to read as follows:
  2 17    368.25  FAILURE TO PROVIDE MUNICIPAL SERVICES.
  2 18    Prior to expiration of the three-year period
  2 19 established in section 368.11, subsection 14, the
  2 20 annexing city shall submit a report to the board
  2 21 describing the status of the provision of municipal
  2 22 services identified in the plan required in section
  2 23 368.11, subsection 14.  If a city fails to provide
  2 24 municipal services, or fails to show substantial and
  2 25 continuing progress in the provision of municipal
  2 26 services, to territory involuntarily annexed,
  2 27 according to the plan for extending municipal services
  2 28 filed pursuant to section 368.11, subsection 14,
  2 29 within three years after city taxes are imposed in the
  2 30 annexed territory the time period specified in that
  2 31 subsection, the city development board shall may
  2 32 initiate proceedings to sever the annexed territory
  2 33 from the city.  The board shall notify the city of the
  2 34 severance proceedings and shall hold a public hearing
  2 35 on the proposed severance.  The board shall give
  2 36 notice of the hearing in the same manner as notice of
  2 37 a public meeting in section 368.11.  The board may
  2 38 order severance of all or a portion of the territory
  2 39 and the order to sever is not subject to approval at
  2 40 an election.  However, a A city may appeal to request
  2 41 that the board for allow up to an additional three
  2 42 years to provide municipal services if good cause is
  2 43 shown.  A petition for severance filed pursuant to
  2 44 this section shall be filed and acted upon in the same
  2 45 manner as a petition under section 368.11.  As an
  2 46 alternative to severance of the territory, the board
  2 47 may impose a moratorium on additional annexation by
  2 48 the city until the city complies with its plan for
  2 49 extending municipal services.  For purposes of this
  2 50 section, "municipal services" means services selected
  3  1 by a landowner to be provided by the city, including,
  3  2 but not limited to, water supply, sewage disposal,
  3  3 street and road maintenance, and police and fire
  3  4 protection, if the provision of such services is
  3  5 within the legal authority of the annexing city
  3  6 included in the plan required by section 368.11,
  3  7 subsection 14, for extending municipal services."
  3  8    #9.  Page 5, by striking lines 22 through 29 and
  3  9 inserting the following:
  3 10    "A city ordinance or regulation that regulates a
  3 11 condition or activity occurring on protected farmland
  3 12 or regulates a person who owns or operates protected
  3 13 farmland is unenforceable against the owner or
  3 14 operator of the protected farmland for a period of ten
  3 15 years from the effective date of the annexation, to
  3 16 the extent the city ordinance or regulation is more
  3 17 stringent than county legislation.  Section 335.2
  3 18 shall apply to the protected farmland until the owner
  3 19 of the protected farmland determines that the land
  3 20 will no longer be operated as an agricultural
  3 21 operation.  Any enforcement activity conducted in
  3 22 violation of this section is void.
  3 23    A "condition or activity occurring on protected
  3 24 farmland" includes but is not limited to the raising,
  3 25 harvesting, drying, or storage of crops; the marketing
  3 26 of products at roadside stands or farm markets; the
  3 27 creation of noise, odor, dust, or fumes; the
  3 28 production, care, feeding, or housing of animals
  3 29 including but not limited to the construction,
  3 30 operation, or management of an animal feeding
  3 31 operation, an animal feeding operation structure, or
  3 32 aerobic structure, and to the storage, handling, or
  3 33 application of manure or egg washwater; the operation
  3 34 of machinery including but not limited to planting and
  3 35 harvesting equipment, grain dryers, grain handling
  3 36 equipment, and irrigation pumps; ground and aerial
  3 37 seeding and spraying; the application of chemical
  3 38 fertilizers, conditioners, insecticides, pesticides,
  3 39 and herbicides; and the employment and use of labor.
  3 40    For the purposes of this section, "protected
  3 41 farmland" means land that is part of a century farm as
  3 42 that term is defined in section 403.17, subsection 10.
  3 43 "County legislation" means any ordinance, motion,
  3 44 resolution, or amendment adopted by a county pursuant
  3 45 to section 331.302."
  3 46    #10.  By renumbering, redesignating, and correcting
  3 47 internal references as necessary.  
  3 48 
  3 49 
  3 50                               
  4  1 TJEPKES of Webster 
  4  2 HF 595.703 80
  4  3 sc/cl
     

Text: H01223                            Text: H01225
Text: H01200 - H01299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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