House File 343 - Introduced
HOUSE FILE
BY ELGIN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act modifying voluntary annexation procedures and related tax
2 exemptions.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1905HH 81
5 eg/gg/14
PAG LIN
1 1 Section 1. Section 368.6, Code 2005, is amended to read as
1 2 follows:
1 3 368.6 INTENT.
1 4 It is the intent of the general assembly to provide an
1 5 annexation approval procedure which gives due consideration to
1 6 the wishes of the residents of territory to be annexed, and to
1 7 the interests of the residents of all territories affected by
1 8 an annexation. The general assembly presumes that a voluntary
1 9 annexation of territory, including a voluntary annexation of
1 10 territory of which not more than twenty percent consists of
1 11 land whose owners have not consented to the annexation, more
1 12 closely reflects the wishes of the residents of territory to
1 13 be annexed, and, therefore, intends that the annexation
1 14 approval procedure include a presumption of validity for
1 15 voluntary annexation approval.
1 16 Sec. 2. Section 368.7, subsection 1, paragraph b, Code
1 17 2005, is amended to read as follows:
1 18 b. Prior to Concurrent with notification in paragraph "c",
1 19 the annexing city shall provide written notice to the board of
1 20 supervisors and township trustees of each county and township
1 21 that contains all or a portion of the territory to be annexed.
1 22 The written notice shall include the same information required
1 23 in paragraph "c" and shall set a time for a consultation on
1 24 the proposed annexation between the annexing city and each
1 25 county and township that contains all or a portion of the
1 26 territory to be annexed. The consultation shall be held at
1 27 least fourteen business days before the applications in
1 28 paragraph "c" are mailed. The governing body of each such
1 29 county and township may designate one of its members to attend
1 30 the consultation. Each such county and township may make
1 31 written recommendations for modification to the proposed
1 32 annexation no later than seven business days following the
1 33 date of the consultation.
1 34 Not later than thirty days after the consultation, the The
1 35 board of supervisors of each county that contains all or a
2 1 portion of the territory to be annexed shall may, by
2 2 resolution, state whether or not it supports the application
2 3 or whether it takes no position in support of or against the
2 4 application. If there is a comprehensive plan for the county,
2 5 the board shall take the plan into account when considering
2 6 its resolution. A If the board adopts a resolution, a copy of
2 7 the resolution shall be immediately filed with the annexing
2 8 city and shall be considered by the city council when taking
2 9 action on the application. The city council shall forward a
2 10 copy of the resolution to the city development board as part
2 11 of the city proceedings on the annexation. Failure of If a
2 12 board of supervisors to does not adopt a resolution,
2 13 proceedings on the application shall not delay the proceedings
2 14 on the application nor shall such failure be delayed and the
2 15 failure to adopt a resolution shall not be considered a
2 16 deficiency either in the application or in the annexing city's
2 17 proceedings.
2 18 Sec. 3. Section 368.7, subsection 1, paragraph f, Code
2 19 2005, is amended to read as follows:
2 20 f. An annexation including territory comprising not more
2 21 than twenty percent of the land area without consent of the
2 22 property owners is not complete without approval by four=
2 23 fifths a majority of the members of the city development board
2 24 after a hearing for all affected property owners and the
2 25 county. When considering such an annexation application, the
2 26 board may request that the annexing city provide information
2 27 on the shall consider only the following:
2 28 (1) The amount of land located in the annexing city that
2 29 is currently vacant or undeveloped. and whether
2 30 (2) Whether municipal services are being provided to
2 31 current residents of the annexing city.
2 32 (3) Whether the city is reasonably able to provide the
2 33 desired services to property owners within the annexation
2 34 area.
2 35 (4) Whether the land area whose owners have not consented
3 1 to the annexation comprises not more than twenty percent of
3 2 the territory.
3 3 (5) Whether the inclusion of the land area whose owners
3 4 have not consented to the annexation is necessary to avoid the
3 5 creation of an island or to create more uniform boundaries,
3 6 specifically as applied to the efficient provision of services
3 7 and the lessening of confusion among the general public and
3 8 emergency service providers.
3 9 Sec. 4. Section 368.7, subsection 2, Code 2005, is amended
3 10 to read as follows:
3 11 2. a. An application for annexation of territory not
3 12 within an urbanized area of a city other than the city to
3 13 which the annexation is directed must be approved by
3 14 resolution of the council which receives the application.
3 15 b. In the discretion of a city council, the resolution may
3 16 include a provision for a transition for the imposition of
3 17 city taxes as provided in section 368.11, subsection 3,
3 18 paragraph "m" against property within an annexation area. The
3 19 provision shall not allow a greater exemption from taxation
3 20 than the following tax exemption schedule:
3 21 (1) For the first and second years, seventy=five percent.
3 22 (2) For the third and fourth years, sixty percent.
3 23 (3) For the fifth and sixth years, forty=five percent.
3 24 (4) For the seventh and eighth years, thirty percent.
3 25 (5) For the ninth and tenth years, fifteen percent.
3 26 The provision may also allow for the partial provision of
3 27 city services during the time in which the exemption from
3 28 taxation is in effect.
3 29 c. The city council shall mail a copy of the application
3 30 by certified mail to the board of supervisors of each county
3 31 which contains a portion of the territory at least fourteen
3 32 business days prior to any action taken by the city council on
3 33 the application. The council shall also publish notice of the
3 34 application in an official county newspaper in each county
3 35 which contains a portion of the territory at least fourteen
4 1 days prior to any action taken by the council on the
4 2 application.
4 3 d. Upon receiving approval of the council, the city clerk
4 4 shall file a copy of the resolution, map, and legal
4 5 description of the territory involved with the secretary of
4 6 state, the county board of supervisors of each county which
4 7 contains a portion of the territory, each affected public
4 8 utility, and the state department of transportation. The city
4 9 clerk shall also record a copy of the legal description, map,
4 10 and resolution with the county recorder of each county which
4 11 contains a portion of the territory. The secretary of state
4 12 shall not accept and acknowledge a copy of a legal
4 13 description, map, and resolution of annexation which would
4 14 create an island. The annexation is completed upon
4 15 acknowledgment by the secretary of state that the secretary of
4 16 state has received the legal description, map, and resolution.
4 17 EXPLANATION
4 18 This bill modifies procedures for voluntary annexations,
4 19 particularly regarding the annexation of territory comprised
4 20 of a land area with some nonconsenting property owners.
4 21 The bill amends the intent provision at Code section 368.6
4 22 to specifically include, in the general assembly's presumption
4 23 of validity, those voluntary annexations involving some
4 24 nonconsenting owners.
4 25 Code section 368.7 is amended to eliminate a consulting
4 26 time period allowed for city and county and township members
4 27 to make recommendations on a proposed voluntary annexation.
4 28 The bill also amends the mandatory requirement that the board
4 29 of supervisors of the affected county file a resolution
4 30 stating its support or lack thereof. The board may file a
4 31 resolution; however, if the board does not file a resolution,
4 32 the application for annexation can go forward and it is not
4 33 considered a deficiency in the application or proceedings.
4 34 The bill provides that a majority of the members of the
4 35 city development board may approve an annexation. In
5 1 considering the annexation application, the board shall only
5 2 consider certain factors listed in the bill.
5 3 In voluntary annexations, the city council has the
5 4 discretion to grant a tax exemption to property within the
5 5 annexation area. This tax exemption is extended from five
5 6 years to 10 years.
5 7 LSB 1905HH 81
5 8 eg:rj/gg/14.1