House File 651 H-1213 Amend House File 651 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 24.2A, subsection 4, paragraph b, 4 subparagraph (2), Code 2025, is amended to read as follows: 5 (2) If the political subdivision is a city, notice of the 6 public hearing shall be published not less than ten nor more 7 than twenty days prior to the hearing pursuant to section 8 362.3 in a newspaper published at least once weekly and having 9 general circulation in the city. However, if the city has a 10 population of two hundred or less, publication may be made by 11 posting in three public places in the city. 12 Sec. 2. Section 28E.17, subsection 3, paragraph a, 13 subparagraph (1), Code 2025, is amended to read as follows: 14 (1) The council shall give notice and conduct a hearing 15 on the proposal in the manner set forth in section 384.25 . 16 However, the notice must be published at least ten days prior 17 to the hearing, and if If a petition valid under section 362.4 18 is filed with the clerk of the city prior to the hearing, 19 asking that the question of issuing the bonds be submitted to 20 the registered voters of the city, the council shall either by 21 resolution declare the proposal abandoned or shall direct the 22 county commissioner of elections to call a special election to 23 vote upon the question of issuing the bonds. Notice of the 24 election and its conduct shall be in the manner provided in 25 section 384.26 . 26 Sec. 3. Section 103A.12, subsection 2, Code 2025, is amended 27 to read as follows: 28 2. A governmental subdivision in which the state building 29 code is applicable may by ordinance, at any time after one year 30 has elapsed since the code became applicable, withdraw from the 31 application of the code. The local governing body shall hold 32 a public hearing pursuant to section 362.3 , after giving not 33 less than four but not more than twenty days’ public notice, 34 together with written notice to the commissioner of the time, 35 -1- HF 651.1316 (2) 91 (amending this HF 651 to CONFORM to SF 588) ll/js 1/ 7 #1.
place, and purpose of the hearing, before the ordinance to 1 withdraw is voted upon. A certified copy of the vote of the 2 local governing body shall be transmitted within ten days after 3 the vote is taken to the commissioner. The ordinance becomes 4 effective at a time to be specified in the ordinance, which 5 must be not less than one hundred eighty days after the date of 6 adoption. Upon the effective date of the ordinance, the state 7 building code ceases to apply to the governmental subdivision 8 except that construction of a building or structure pursuant to 9 a permit previously issued is not affected by the withdrawal. 10 Sec. 4. Section 368.3, subsection 2, Code 2025, is amended 11 to read as follows: 12 2. A city may also be discontinued in accordance with the 13 following procedures. The council shall adopt a resolution 14 of intent to discontinue and shall call a public hearing on 15 the proposal to discontinue. Notice of the time and place of 16 the public hearing and the proposed action shall be published 17 as provided in section 362.3 , except that at least ten days’ 18 notice must be given . At the public hearing, the council shall 19 receive oral and written comments regarding the proposal from 20 any person. Thereafter, the council, at the same meeting or at 21 a subsequent meeting, may pass a resolution of discontinuance 22 or pass a resolution abandoning the proposal. If the council 23 passes a resolution of discontinuance, a petition may be filed 24 with the clerk in the manner provided in section 362.4 , within 25 thirty days following the effective date of the resolution, 26 requesting that the question of discontinuance be submitted 27 to the registered voters of the city. Upon receipt of a 28 petition requesting an election, the council shall direct the 29 county commissioner of elections to call a special election 30 on the question of discontinuance or shall adopt a resolution 31 abandoning the discontinuance. Notice of the election shall 32 be given by publication as required in section 49.53 . If a 33 majority of those voting approve the discontinuance or if no 34 petition for an election is filed, the clerk shall send a copy 35 -2- HF 651.1316 (2) 91 (amending this HF 651 to CONFORM to SF 588) ll/js 2/ 7
of the resolution of discontinuance and, if an election is 1 held, the results of the election to the board. The board 2 shall take control of the property of the discontinued city 3 and shall supervise procedures necessary to carry out the 4 discontinuance in accordance with section 368.21 . 5 Sec. 5. Section 368.15, Code 2025, is amended to read as 6 follows: 7 368.15 Public hearing. 8 The committee shall conduct a public hearing on a proposal 9 as soon as practicable. Notice of the hearing must be served 10 upon the council of each city for which a discontinuance 11 or boundary adjustment is proposed, the county board of 12 supervisors for each county which that contains a portion of 13 a city to be discontinued or territory to be incorporated, 14 annexed, or severed, and any regional planning authority for 15 the area involved. A notice of the hearing, which includes a 16 brief description of the proposal and a statement of where the 17 petition or plan is available for public inspection, must be 18 published as provided in section 362.3 , except that there must 19 be two publications in a newspaper having general circulation 20 in each city and each territory involved in the proposal . Any 21 person may submit written briefs , and , in the committee’s 22 discretion, may be heard on the proposal. The board may 23 subpoena witnesses and documents relevant to the proposal. 24 Sec. 6. Section 372.4, subsection 4, Code 2025, is amended 25 to read as follows: 26 4. In a city having a population of less than five hundred, 27 the city council may adopt a resolution of intent to reduce the 28 number of council members from five to three and shall call a 29 public hearing on the proposal. Notice of the time and place 30 of the public hearing shall be published as provided in section 31 362.3 , except that at least ten days’ notice must be given . At 32 the public hearing, the council shall receive oral and written 33 comments regarding the proposal from any person. Thereafter, 34 the council, at the same meeting as the public hearing or at 35 -3- HF 651.1316 (2) 91 (amending this HF 651 to CONFORM to SF 588) ll/js 3/ 7
a subsequent meeting, may adopt a final resolution to reduce 1 the number of council members from five to three or may adopt 2 a resolution abandoning the proposal. If the council adopts 3 a final resolution to reduce the number of council members 4 from five to three, a petition meeting the same requirements 5 specified in section 362.4 for petitions authorized by city 6 code may be filed with the clerk within thirty days following 7 the effective date of the final resolution, requesting that 8 the question of reducing the number of council members from 9 five to three be submitted to the registered voters of the 10 city. Upon receipt of a petition requesting an election, the 11 council shall direct the county commissioner of elections 12 to put the proposal on the ballot for the next regular city 13 election. If the ballot proposal is adopted, the new council 14 shall be elected at the next following regular city election. 15 If a petition is not filed, the council shall notify the 16 county commissioner of elections by July 1 of the year of the 17 regular city election and the new council shall be elected 18 at that regular city election. If the council notifies the 19 commissioner of elections after July 1 of the year of the 20 regular city election, the change shall take effect at the next 21 following regular city election. The council shall determine 22 by ordinance whether the three council members are elected at 23 large or by ward. 24 Sec. 7. Section 384.16, subsection 3, Code 2025, is amended 25 to read as follows: 26 3. Following, and not until, completion of requirements 27 of section 24.2A are completed , the council shall set a time 28 and place for public hearing on the budget before the final 29 certification date and shall publish notice of the hearing 30 not less than ten nor more than twenty days before the 31 hearing pursuant to section 362.3 in a newspaper published 32 at least once weekly and having general circulation in the 33 city. However, if the city has a population of two hundred 34 or less, publication may be made by posting in three public 35 -4- HF 651.1316 (2) 91 (amending this HF 651 to CONFORM to SF 588) ll/js 4/ 7
places in the city. A summary of the proposed budget and a 1 description of the procedure for protesting the city budget 2 under section 384.19 , in the form prescribed by the director of 3 the department of management, shall be included in the notice. 4 Proof of publication of the notice under this subsection 3 5 must be filed with the county auditor. The department of 6 management shall prescribe the form for the public hearing 7 notice for use by cities. 8 Sec. 8. Section 384.38, subsection 3, paragraph a, Code 9 2025, is amended to read as follows: 10 a. A city may establish, by ordinance or by resolution 11 adopted as an ordinance after twenty days’ notice published 12 in accordance with section 362.3 , and a public hearing, one 13 or more districts and schedules of fees for the connection of 14 property to the city sewer or water utility. If the governing 15 body directs that notice be made by mail, the notice shall be 16 as required in section 384.50 . Each person whose property will 17 be served by connecting to the city sewer or water utility 18 shall pay a connection fee to the city. The ordinance shall be 19 certified by the city and recorded in the office of the county 20 recorder of the county in which a district is located. The 21 connection fees are due and payable when a utility connection 22 application is filed with the city. A connection fee may 23 include the equitable cost of extending the utility to the 24 properties, including reasonable interest from the date of 25 construction to the date of payment. All fees collected under 26 this subsection shall be paid to the city treasurer. The 27 moneys collected as fees shall only be used for the purposes of 28 operating the utility, or to pay debt service on obligations 29 issued to finance improvements or extensions to the utility. 30 Sec. 9. Section 384.50, subsection 1, Code 2025, is amended 31 to read as follows: 32 1. The clerk shall publish notice of the date, time, and 33 place of the hearing once each week for two consecutive weeks 34 in the manner provided by section 362.3 , the first publication 35 -5- HF 651.1316 (2) 91 (amending this HF 651 to CONFORM to SF 588) ll/js 5/ 7
of which shall be not less than ten days before the date of the 1 hearing . 2 Sec. 10. Section 400.1, subsection 1, Code 2025, is amended 3 to read as follows: 4 1. In cities having a population of eight thousand or over 5 and having a paid fire department or a paid police department, 6 the mayor, one year after a regular city election, with the 7 approval of the council, shall appoint three civil service 8 commissioners. The mayor city shall publish notice of the 9 names of persons selected for appointment no less than thirty 10 days prior to a vote by the city council pursuant to section 11 362.3 . Commissioners shall hold office, one until the first 12 Monday in April of the second year, one until the first Monday 13 in April of the third year, and one until the first Monday 14 in April of the fourth year after such appointment, whose 15 successors shall be appointed for a term of four years. In 16 cities having a population of more than seventy thousand, the 17 city council may establish, by ordinance, the number of civil 18 service commissioners at not less than three. 19 Sec. 11. Section 404.2, subsection 6, Code 2025, is amended 20 to read as follows: 21 6. The city or county has adopted the proposed or amended 22 plan for the revitalization area after the requisite number 23 of hearings. The city or county may subsequently amend this 24 plan after a hearing. Notice of the hearing shall be published 25 as provided in section 362.3 or 331.305 , except that at 26 least seven days’ notice must be given and the public hearing 27 shall not be held earlier than the next regularly scheduled 28 city council or board of supervisors meeting following the 29 published notice . A city which that has adopted a plan for 30 a revitalization area which that covers all property within 31 the city limits may amend that plan at any time, pursuant to 32 this section , to include property which that has been or will 33 be annexed to the city. The provisions of the original plan 34 shall be applicable to the property which that is annexed and 35 -6- HF 651.1316 (2) 91 (amending this HF 651 to CONFORM to SF 588) ll/js 6/ 7
the property shall be considered to have been part of the 1 revitalization area as of the effective date of its annexation 2 to the city. 3 Sec. 12. Section 414.4, Code 2025, is amended to read as 4 follows: 5 414.4 Zoning regulations, district boundaries, amendments. 6 The council of the city shall provide for the manner in 7 which the regulations and restrictions and the boundaries of 8 the districts shall be determined, established, and enforced, 9 and from time to time amended, supplemented, or changed. 10 However, the regulation, restriction, or boundary shall not 11 become effective until after a public hearing at which parties 12 in interest and citizens shall have an opportunity to be 13 heard. The notice of the time and place of the hearing shall 14 be published as provided in section 362.3 , except that at 15 least seven days’ notice must be given and in no case shall 16 the public hearing be held earlier than the next regularly 17 scheduled city council meeting following the published notice . > 18 ______________________________ SMITH of Dubuque -7- HF 651.1316 (2) 91 (amending this HF 651 to CONFORM to SF 588) ll/js 7/ 7