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