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 land included without the written consent of
1 17 the agency with jurisdiction over the public land may shall
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 board may
2 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