Text: HF00195 Text: HF00197 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 368.1, Code 2003, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 10A. "Public land" means land owned by 1 4 the federal government, the state, or a political subdivision 1 5 of the state. 1 6 Sec. 2. Section 368.7, subsection 1, Code 2003, is amended 1 7 to read as follows: 1 8 1. a. All of the owners of land in a territory adjoining 1 9 a city may apply in writing to the council of the adjoining 1 10 city requesting annexation of the territory. Territory 1 11 comprising railway right-of-way or territory comprising not 1 12 more than twenty percent of the land area may be included in 1 13 the application without the consent of the owner to avoid 1 14 creating an island or to create more uniform boundariesif a1 15copy of the application is mailed by certified mail to the1 16owner and each affected public utility, at least fourteen1 17business days prior to any action taken by the city council on1 18the application.The application must contain a legal1 19description and a map of the territory showing its location in1 20relationship to the city. An annexation including territory1 21comprising not more than twenty percent of the land area1 22without consent of the property owners is not complete without1 23approval by four-fifths of the members of the board after a1 24hearing for all affected property owners and the county.When 1 25 determining the percentage of territory that may be included 1 26 in an application with the consent of the owner and without 1 27 the consent of the owner, if the territory is located in more 1 28 than one county, the twenty percent maximum must be met in 1 29 each county separately. Public land may be included in the 1 30 territory to be annexed. However, the area of the territory 1 31 that is public land may not be used to determine the 1 32 percentage of territory that is included with the consent of 1 33 the owner and without the consent of the owner. 1 34 b. Prior to notification in paragraph "c", the annexing 1 35 city shall provide written notice to the taxing entities 2 1 affected by the proposed annexation. The written notice shall 2 2 include the same information required in paragraph "c" and 2 3 shall set a time for a consultation on the proposed annexation 2 4 between the annexing city and the affected taxing entities. 2 5 The consultation shall be held at least fourteen business days 2 6 before the applications in paragraph "c" are mailed. The 2 7 governing body of each affected taxing entity may designate 2 8 one of its members to attend the consultation. The affected 2 9 taxing entity may make written recommendations for 2 10 modification to the proposed annexation no later than seven 2 11 business days following the date of the consultation. 2 12 c. A copy of the application shall be mailed by certified 2 13 mail to the nonconsenting owner and each affected public 2 14 utility, at least fourteen business days prior to any action 2 15 taken by the city council on the application. The application 2 16 must contain a legal description and a map of the territory 2 17 showing its location in relationship to the city. The 2 18 application must also provide a statement detailing the 2 19 municipal services the city intends to provide to the annexed 2 20 territory, the approximate date the services will be provided, 2 21 and the party responsible for installation of the services, as 2 22 applicable. The annexing city must also provide information 2 23 on the city's property tax levies and the projected property 2 24 tax consequences of the annexation and when city property 2 25 taxes will be imposed in the territory after the annexation is 2 26 completed. If the information required in this paragraph is 2 27 not provided, a landowner who has submitted an application for 2 28 annexation, or who has consented to the annexation, may 2 29 withdraw the application or consent. 2 30 d. The city shall provide for a public hearing on the 2 31 application before approving or denying it. The city shall 2 32 provide written notice at least fourteen business days prior 2 33 to any action by the city council regarding the application, 2 34 including a public hearing, by regular mail to the chairperson 2 35 of the board of supervisors of each county which contains a 3 1 portion of the territory proposed to be annexed, each public 3 2 utility which serves the territory proposed to be annexed, 3 3 each owner of property located within the territory to be 3 4 annexed who is not a party to the application, and each owner 3 5 of propertywhichthat adjoins the territory to be annexed. 3 6 The city shall publish notice of the application and public 3 7 hearing on the application in an official county newspaper in 3 8 each county which contains a portion of the territory proposed 3 9 to be annexed. Both the written and published notice shall 3 10 include the time and place of the public hearing and a legal 3 11 description of the territory to be annexed. The city may not 3 12 assess the costs of providing notice as required in this 3 13 section to the applicants. 3 14 e. Before the annexation application is considered by the 3 15 city development board, the board of supervisors of each 3 16 county where the territory to be annexed is located must, by 3 17 resolution, state whether or not it supports the application. 3 18 f. An annexation including territory comprising not more 3 19 than twenty percent of the land area without consent of the 3 20 property owners is not complete without approval by four- 3 21 fifths of the members of the city development board after a 3 22 hearing for all affected property owners and the county. When 3 23 considering such an annexation application, the board must 3 24 take into consideration the amount of land located in the 3 25 annexing city that is currently vacant or undeveloped and 3 26 whether municipal services are being provided to current 3 27 residents of the annexing city. 3 28 Sec. 3. Section 368.11, unnumbered paragraph 5, Code 2003, 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 least five 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 county board of 4 8 supervisors of each county where the territory is located and 4 9 to the board by the chairperson of the meeting. 4 10 Sec. 4. Section 368.11, Code 2003, is amended by adding 4 11 the following new unnumbered paragraph: 4 12 NEW UNNUMBERED PARAGRAPH. Before a petition for 4 13 involuntary annexation may be submitted to the board, the 4 14 board of supervisors of each county where the territory to be 4 15 annexed is located must, by resolution, state whether or not 4 16 it supports the petition. 4 17 Sec. 5. NEW SECTION. 368.26 ANNEXATION OF CERTAIN 4 18 PROPERTY COMPLIANCE WITH LESS STRINGENT REGULATIONS. 4 19 Century farm owners whose land is annexed pursuant to this 4 20 chapter or owners of land whose property was annexed without 4 21 their consent pursuant to section 368.7, subsection 1, shall, 4 22 after annexation, have the option of continuing to comply with 4 23 a county ordinance or regulation rather than the equivalent 4 24 city ordinance or regulation if such city ordinance or 4 25 regulation is more stringent than the county ordinance or 4 26 regulation. 4 27 Sec. 6. IMMEDIATE EFFECTIVE DATE. This Act, being deemed 4 28 of immediate importance, takes effect upon enactment. 4 29 EXPLANATION 4 30 This bill makes changes to the law relating to certain 4 31 voluntary annexations of territory and to involuntary 4 32 annexations of territory. 4 33 For voluntary annexations that include territory comprising 4 34 not more than 20 percent of the land area without consent of 4 35 the property owners, the bill makes the following changes: 5 1 1. If the territory to be annexed is located in more than 5 2 one county, the 20 percent involuntary maximum must be met in 5 3 each county separately. 5 4 2. Public land may not be used when determining the amount 5 5 of territory being annexed with and without consent of 5 6 property owners. The bill defines "public land". 5 7 3. Prior to notification of property owners and affected 5 8 public utilities, the city must notify the affected taxing 5 9 entities and provide for consultation with them on the 5 10 proposed annexation. 5 11 4. The application for annexation that is mailed to 5 12 property owners and to affected public utilities must provide 5 13 a statement with information on municipal services to be 5 14 provided to the annexed area and on property taxes to be 5 15 imposed in the annexed area. If this information is not 5 16 provided, a property owner may withdraw their application for, 5 17 or consent to, the annexation. 5 18 5. The annexing city may not assess the costs of providing 5 19 notice to the applicants for annexation. 5 20 6. Before the annexation application may be considered for 5 21 approval or disapproval by the city development board, the 5 22 county board of supervisors in each county where the territory 5 23 to be annexed is located must, by resolution, state whether or 5 24 not it supports the application for annexation. 5 25 7. When considering an annexation application, the city 5 26 development board must take into consideration the amount of 5 27 land currently located in the annexing city that is vacant or 5 28 undeveloped and whether municipal services are being provided 5 29 to current residents of the annexing city. 5 30 8. Century farm owners or owners of land who did not 5 31 consent to the annexation have the option of continuing to 5 32 comply with a county ordinance or regulation if the equivalent 5 33 ordinance or regulation of the annexing city is more stringent 5 34 than the county's. 5 35 Relating to involuntary annexations of territory, the bill 6 1 provides that before a petition for involuntary annexation may 6 2 be submitted to the city development board, the board of 6 3 supervisors of each county where the territory to be annexed 6 4 is located must, by resolution, state whether or not it 6 5 supports the petition. The bill also provides that century 6 6 farm owners whose land has been involuntarily annexed have the 6 7 option of continuing to comply with a county ordinance or 6 8 regulation if the equivalent ordinance or regulation of the 6 9 annexing city is more stringent than the county's. 6 10 The bill takes effect upon enactment. 6 11 LSB 1389YH 80 6 12 sc/sh/8
Text: HF00195 Text: HF00197 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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