House File 2212 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 providing an 2 effective date. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5826HH 80 5 sc/gg/14 PAG LIN 1 1 Section 1. Section 368.7, subsection 1, paragraph a, Code 1 2 Supplement 2003, is amended to read as follows: 1 3 a. All of the owners of land in a territory adjoining a 1 4 city may apply in writing to the council of the adjoining city 1 5 requesting annexation of the territory. Territory comprising 1 6 railway right=of=way or territory comprising not more than 1 7 twenty percent of the land area may be included in the 1 8 application without the consent of the owner to avoid creating 1 9 an island or to create more uniform boundaries. When 1 10 determining the percentage of territory that may be included 1 11 in an application with the consent of the owner and without 1 12 the consent of the owner, if the territory is located in more 1 13 than one county, the eighty percent minimum must be met in 1 14 each county separately. Public land may be included in the 1 15 territory to be annexed. However, the area of the territory 1 16 that is public landincluded without the written consent of 1 17 the agency with jurisdiction over the public land mayshall 1 18 not be used to determine the percentage of territory that is 1 19 included with the consent of the owner and without the consent 1 20 of the owner. 1 21 Sec. 2. Section 368.7, subsection 1, paragraph c, Code 1 22 Supplement 2003, is amended to read as follows: 1 23 c. A copy of the application shall be mailed by certified 1 24 mail to the nonconsenting owner and each affected public 1 25 utility, at least fourteen business days prior to any action 1 26 taken by the city council on the application. The application 1 27 must contain a legal description and a map of the territory 1 28 showing its location in relationship to the city. The 1 29 application shall be accompanied by a statement prepared by 1 30 the city detailing the municipal services the city intends to 1 31 provide to the annexed territory, the approximate date the 1 32 services will be provided, and the party responsible for 1 33 installation of the services, as applicable. The application 1 34 shall also be accompanied by a statement prepared by the city 1 35 containing information on the city's property tax levies and 2 1 the projected property tax consequences of the annexation and 2 2 when city property taxes will be imposed in the territory 2 3 after the annexation is completed. If the information 2 4 required in this paragraph is not provided, a landowner who 2 5 has submitted an application for annexation, or who has 2 6 consented to the annexation, may withdraw the application or 2 7 consent. 2 8 Sec. 3. Section 368.7, subsection 1, paragraph f, Code 2 9 Supplement 2003, is amended to read as follows: 2 10 f. An annexation including territory comprising not more 2 11 than twenty percent of the land area without consent of the 2 12 property owners is not complete without approval by four= 2 13 fifths of the members of the city development board after a 2 14 hearing for all affected property owners and the county. When 2 15 considering such an annexation application, the boardmay2 16 shall request that the annexing city provide information on 2 17 the amount of land located in the annexing city that is 2 18 currently vacant or undeveloped and whether municipal services 2 19 are being provided to current residents of the annexing city. 2 20 The board shall take such information into consideration when 2 21 making a decision on the application. 2 22 Sec. 4. EFFECTIVE DATE. This Act, being deemed of 2 23 immediate importance, takes effect upon enactment. 2 24 EXPLANATION 2 25 This bill makes changes to the law relating to voluntary 2 26 annexations that include territory comprising not more than 20 2 27 percent of the land area to be annexed without the consent of 2 28 the property owners. 2 29 The bill provides that if the territory to be annexed is 2 30 located in more than one county, the 80 percent voluntary 2 31 minimum must be met in each county separately. 2 32 The bill further provides that public land may not be used 2 33 when determining the amount of territory being annexed with 2 34 and without consent of property owners. 2 35 The bill requires that when the application for annexation 3 1 is mailed to a nonconsenting owner and to affected public 3 2 utilities, that the annexing city include information relating 3 3 to property taxation by the annexing city and to the provision 3 4 of services by the city to the area proposed to be annexed. 3 5 The bill further provides that if this information is not 3 6 included with the application for annexation, an applicant or 3 7 a landowner who has consented to the annexation may withdraw 3 8 the application or consent. 3 9 The bill requires the city development board, when 3 10 considering an application for annexation, to require 3 11 information on the amount of land located in the annexing city 3 12 that is currently vacant or undeveloped and whether municipal 3 13 services are being provided to current residents of the 3 14 annexing city and to take such information into consideration 3 15 when making a decision on the application for annexation. 3 16 The bill takes effect upon enactment. 3 17 LSB 5826HH 80 3 18 sc/gg/14