368.17  When approval barred.

The committee may not approve:

1.  An incorporation unless it finds that the city to be incorporated will be able to provide customary municipal services within a reasonable time.

2.  A discontinuance or severance if the city to be discontinued or the territory to be severed will be surrounded by one or more cities unless a petition for annexation of the same area is also filed and approved.

3.  A discontinuance or severance unless it finds that the county or another city will be able to provide necessary municipal services to the residents.

4.  An annexation unless the territory is adjoining the city to which it will be annexed, and the committee finds that the city will be able to provide to the territory substantial municipal services and benefits not previously enjoyed by such territory, and that the motive for annexation is not solely to increase revenues to the city.

5.  A consolidation unless the cities are contiguous.

6.  An incorporation of territory, any part of which is within two miles of an existing city, unless a petition for annexation of substantially the same territory to such city has been dismissed, disapproved, or voted upon unfavorably within the last five years.

7.  A city development action which creates an island.

Section History: Early form

  [R60, § 1043; C73, § 430, 431; C97, § 610, 611, 615; S13, § 615; C24, 27, 31, 35, 39, § 5612-5614; C46, 50, § 362.26, 362.28, 362.29; C54, § 362.26; C58, 62, 66, 71, 73, § 362.1, 362.26; C75, 77, 79, 81, § 368.17]

Section History: Recent form

  91 Acts, ch 187, §4; 92 Acts, ch 1174, §5

Internal References

  Referred to in § 368.3, 368.16, 368.20, 524.1202

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