House File 196
HOUSE FILE
BY TYMESON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to certain voluntary annexations and to
2 involuntary annexations and providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1389YH 80
5 sc/sh/8
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 boundaries if a
1 15 copy of the application is mailed by certified mail to the
1 16 owner and each affected public utility, at least fourteen
1 17 business days prior to any action taken by the city council on
1 18 the application. The application must contain a legal
1 19 description and a map of the territory showing its location in
1 20 relationship to the city. An annexation including territory
1 21 comprising not more than twenty percent of the land area
1 22 without consent of the property owners is not complete without
1 23 approval by four=fifths of the members of the board after a
1 24 hearing 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 property which that 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