Senate File 328 - Introduced



                                       SENATE FILE       
                                       BY  LUNDBY


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to annexation by prohibiting a city from
  2    conditioning the approval of a subdivision plat or plat of
  3    survey on an agreement to be annexed into the city unless the
  4    city agrees to provide city utility services, and including
  5    effective date and retroactive applicability provisions.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 2217SS 81
  8 eg/cf/24

PAG LIN



  1  1    Section 1.  Section 354.9, Code 2005, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  4.  A city that reviews a subdivision plat
  1  4 or a plat of survey pursuant to this section shall not require
  1  5 as a condition for approval of such plat that the applicant
  1  6 agree to be annexed by the city, unless the city agrees to
  1  7 provide to the area when the area is subdivided or platted,
  1  8 services of a city utility, as defined in section 362.2, which
  1  9 services are not currently provided to the area.
  1 10    Sec. 2.  EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
  1 11 This Act, being deemed of immediate importance, takes effect
  1 12 upon enactment.  The Act is retroactively applicable to an
  1 13 applicant who signed an agreement consenting to annexation as
  1 14 a condition of the city's approval of the subdivision plat or
  1 15 plat of survey without an agreement by the city to provide
  1 16 city utility services as provided in this Act if such
  1 17 annexation has not occurred prior to the effective date of
  1 18 this Act.  A city that intends to proceed with annexation
  1 19 against such an applicant shall follow the annexation
  1 20 procedures in chapter 368.
  1 21                           EXPLANATION
  1 22    This bill provides that a city cannot require that an
  1 23 applicant consent to annexation as a condition for plat
  1 24 approval unless the city agrees when the area is subdivided or
  1 25 platted to provide city utility services which are not
  1 26 currently provided to the area.  This prohibition is
  1 27 retroactively applicable to an applicant who previously
  1 28 consented to city annexation without an agreement by the city
  1 29 to provide city utility services if such annexation has not
  1 30 already occurred.  The city shall follow the procedures for
  1 31 annexation against the applicant pursuant to Code chapter 368.
  1 32 LSB 2217SS 81
  1 33 eg:nh/cf/24