House File 242 - Introduced



                                       HOUSE FILE       
                                       BY  FOEGE and PAULSEN


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

                                      A BILL FOR

  1 An Act relating to voluntary annexation and municipal services
  2    requirements.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2278HH 82
  5 eg/es/88

PAG LIN



  1  1    Section 1.  NEW SECTION.  368.7B  MUNICIPAL SERVICES.
  1  2    1.  The notice of application for annexation and public
  1  3 hearing that is required in section 368.7 shall include
  1  4 information from the annexing city as follows:
  1  5    a.  A description of existing municipal services, including
  1  6 but not limited to water supply, sewage disposal, and fire and
  1  7 police protection provided to the territory to be annexed.
  1  8    b.  A plan for extending municipal services to be provided
  1  9 by the annexing city to the annexed territory within three
  1 10 years of July 1 of the fiscal year in which city taxes are
  1 11 first collected against property in the annexed territory.
  1 12    2.  Prior to expiration of the three=year period
  1 13 established in this section, the annexing city shall submit a
  1 14 report to the city development board describing the status of
  1 15 the provision of municipal services identified in the plan.
  1 16 If the city fails to provide municipal services, or fails to
  1 17 show substantial and continuing progress in providing
  1 18 municipal services to the annexed territory, the board may
  1 19 initiate proceedings to sever the annexed territory from the
  1 20 city.  The board shall notify the city of the severance
  1 21 proceedings and shall hold a public hearing on the proposed
  1 22 severance.  The board shall give notice of the hearing in the
  1 23 same manner as required in section 368.7.  The board may order
  1 24 severance of all or a portion of the territory and the order
  1 25 to sever is not subject to approval at an election.  A city
  1 26 may request that the board allow up to an additional three
  1 27 years to provide municipal services if good cause is shown.
  1 28 As an alternative to severance of the territory, the board may
  1 29 impose a moratorium on additional annexation by the city until
  1 30 the city complies with its plan for extending municipal
  1 31 services to the annexed territory.
  1 32                           EXPLANATION
  1 33    This bill applies the municipal services requirements of
  1 34 involuntary annexations to voluntary annexations.  Pursuant to
  1 35 Code section 368.7, the city is required to give notice of an
  2  1 application for voluntary annexation and public hearing.  The
  2  2 bill requires that this notice provide information from the
  2  3 annexing city regarding existing and future municipal
  2  4 services.
  2  5    The annexing city must have a plan for extending municipal
  2  6 services to an annexed territory within three years of July 1
  2  7 of the fiscal year in which city taxes are first collected
  2  8 against property in the annexed territory.  The bill requires
  2  9 the city to report to the city development board on the city's
  2 10 progress in providing municipal services as identified in the
  2 11 plan.  The board may order a severance of annexed territory or
  2 12 impose a moratorium on future annexation of territory if the
  2 13 city fails to provide such services.
  2 14 LSB 2278HH 82
  2 15 eg:sc/es/88