House File 433 - Introduced
HOUSE FILE
BY KRESSIG
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to city development, annexation, and regional
2 planning authorities.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1991YH 81
5 eg/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 368.7B VOLUNTARY ANNEXATION ==
1 2 ZONING COMMISSION RECOMMENDATION.
1 3 1. An annexing city shall mail a copy of an application
1 4 for annexation, and a notice of any public hearing, to its
1 5 zoning commission at least fourteen business days prior to any
1 6 action taken by the city council or the board on the
1 7 application. The application must contain a legal description
1 8 and a map of the territory showing its location in
1 9 relationship to the city.
1 10 2. The zoning commission shall, by written recommendation,
1 11 state whether or not it supports the application or whether it
1 12 takes no position in support of or against the application.
1 13 The written recommendation shall be filed with the annexing
1 14 city and with the board at least one business day prior to any
1 15 action taken on the application. The city council and the
1 16 board shall consider the zoning commission's recommendation
1 17 when taking action on the application. However, the
1 18 recommendation is not binding on the city council or on the
1 19 board. Failure of the zoning commission to make a
1 20 recommendation shall not delay the proceedings on the
1 21 application and such failure shall not be considered a
1 22 deficiency either in the application or in the annexing city's
1 23 proceedings.
1 24 Sec. 2. Section 368.11, subsection 1, Code 2005, is
1 25 amended to read as follows:
1 26 1. A petition for incorporation, discontinuance, or
1 27 boundary adjustment may be filed with the board by a city
1 28 council, a county board of supervisors, a regional planning
1 29 authority, or five percent of the registered voters of a city
1 30 or territory involved in the proposal. Notice of the filing,
1 31 including a copy of the petition, must be served upon the
1 32 council of each city for which a discontinuance or boundary
1 33 adjustment is proposed, the board of supervisors for each
1 34 county which contains a portion of a city to be discontinued
1 35 or territory to be incorporated, annexed or severed, the
2 1 council of a city if an incorporation includes territory
2 2 within the city's urbanized area, and any the regional
2 3 planning authority for the area involved each such city and
2 4 county.
2 5 Sec. 3. Section 368.11, subsections 4 and 6, Code 2005,
2 6 are amended to read as follows:
2 7 4. At least fourteen business days before a petition for
2 8 involuntary annexation is filed as provided in this section,
2 9 the petitioner shall make its intention known by sending a
2 10 letter of intent by certified mail to the council of each city
2 11 whose urbanized area contains a portion of the territory, the
2 12 board of supervisors of each county which contains a portion
2 13 of the territory, the regional planning authority of the
2 14 territory involved of each such city and county, each affected
2 15 public utility, and to each property owner listed in the
2 16 petition. The written notification shall include notice that
2 17 the petitioners shall hold a public meeting on the petition
2 18 for involuntary annexation prior to the filing of the
2 19 petition.
2 20 6. Within thirty days after receiving notice that a
2 21 petition for involuntary annexation has been filed with the
2 22 board, the:
2 23 a. The board of supervisors of each county that contains
2 24 all or a portion of the territory to be annexed shall, by
2 25 resolution, state whether or not it supports the petition or
2 26 whether it takes no position in support of or against the
2 27 petition. If there is a comprehensive plan for the county,
2 28 the board shall take the plan into account when considering
2 29 its resolution. A copy of the resolution shall be immediately
2 30 filed with the annexing city and with the city development
2 31 board. Failure of a board of supervisors to adopt a
2 32 resolution shall not delay the proceedings on the petition nor
2 33 shall and such failure shall not be considered a deficiency
2 34 either in the petition or in the annexing city's proceedings.
2 35 b. The city zoning commission shall, by recommendation,
3 1 state whether or not it supports the petition or whether it
3 2 takes no position in support of or against the petition. The
3 3 recommendation shall be filed with the annexing city and with
3 4 the city development board at least one business day prior to
3 5 any action taken on the application. The zoning commission's
3 6 recommendation is not binding on the city council or on the
3 7 board. Failure of a zoning commission to make a
3 8 recommendation shall not delay the proceedings on the petition
3 9 and such failure shall not be considered a deficiency either
3 10 in the petition or in the annexing city's proceedings.
3 11 Sec. 4. Section 368.15, Code 2005, is amended to read as
3 12 follows:
3 13 368.15 PUBLIC HEARING.
3 14 The committee shall conduct a public hearing on a proposal
3 15 as soon as practicable. Notice of the hearing must be served
3 16 upon the council of each city for which a discontinuance or
3 17 boundary adjustment is proposed, the county board of
3 18 supervisors for each county which contains a portion of a city
3 19 to be discontinued or territory to be incorporated, annexed,
3 20 or severed, and any the regional planning authority for the
3 21 area each such city and county involved. A notice of the
3 22 hearing, which includes a brief description of the proposal
3 23 and a statement of where the petition or plan is available for
3 24 public inspection, must be published as provided in section
3 25 362.3, except that there must be two publications in a
3 26 newspaper having general circulation in each city and each
3 27 territory involved in the proposal. Any person may submit
3 28 written briefs, and in the committee's discretion, may be
3 29 heard on the proposal. The board may subpoena witnesses and
3 30 documents relevant to the proposal.
3 31 Sec. 5. Section 368.16, subsection 2, Code 2005, is
3 32 amended to read as follows:
3 33 2. Recommendations of the regional planning authority for
3 34 the area each such city and county.
3 35 EXPLANATION
4 1 This bill amends voluntary and involuntary annexation
4 2 procedures to provide for input from the city zoning
4 3 commission.
4 4 The bill provides that the commission shall make a written
4 5 recommendation stating whether or not it supports an
4 6 application or petition, or whether it takes no position
4 7 either way. A recommendation is required in both voluntary
4 8 and involuntary annexations. The recommendation is filed with
4 9 the city council and the city development board; however, the
4 10 recommendation is not binding on the council or the board.
4 11 Code section 368.11 is amended to strike a regional
4 12 planning authority as an entity that can file a petition for
4 13 incorporation, discontinuance, or boundary adjustment.
4 14 The bill amends Code sections 368.11, 368.15, and 368.16 to
4 15 extend notice to the regional planning authority of each city
4 16 and county involved in proceedings for annexation,
4 17 incorporation, discontinuance, and boundary adjustments.
4 18 LSB 1991YH 81
4 19 eg:rj/gg/14