Senate File 2255 - Introduced



                                       SENATE FILE       
                                       BY  DOTZLER

                                       (COMPANION TO LSB 6152HH
                                        BY KRESSIG)


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

                                      A BILL FOR

  1 An Act to allow a real property owner to petition for severance
  2    from a city if the owner's real property has not received
  3    municipal services for a period of at least ten years.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6152SS 82
  6 md/nh/5

PAG LIN



  1  1    Section 1.  Section 368.25, Code 2007, is amended to read
  1  2 as follows:
  1  3    368.25  FAILURE TO PROVIDE MUNICIPAL SERVICES.
  1  4    1.  Prior to expiration of the three=year period
  1  5 established in section 368.11, subsection 3, paragraph "n",
  1  6 the annexing city shall submit a report to the board
  1  7 describing the status of the provision of municipal services
  1  8 identified in the plan required in section 368.11, subsection
  1  9 3, paragraph "n".  If a city fails to provide municipal
  1 10 services, or fails to show substantial and continuing progress
  1 11 in the provision of municipal services, to territory
  1 12 involuntarily annexed, according to the plan for extending
  1 13 municipal services filed pursuant to section 368.11,
  1 14 subsection 3, paragraph "n", within the time period specified
  1 15 in that subsection, the city development board may initiate
  1 16 proceedings to sever the annexed territory from the city.  The
  1 17 board shall notify the city of the severance proceedings and
  1 18 shall hold a public hearing on the proposed severance.  The
  1 19 board shall give notice of the hearing in the same manner as
  1 20 notice of a public meeting in section 368.11.  The board may
  1 21 order severance of all or a portion of the territory and the
  1 22 order to sever is not subject to approval at an election.  A
  1 23 city may request that the board allow up to an additional
  1 24 three years to provide municipal services if good cause is
  1 25 shown.  As an alternative to severance of the territory, the
  1 26 board may impose a moratorium on additional annexation by the
  1 27 city until the city complies with its plan for extending
  1 28 municipal services.  For purposes of this section, "municipal
  1 29 services" means services included in the plan required by
  1 30 section 368.11, subsection 3, paragraph "n", for extending
  1 31 municipal services.
  1 32    2.  A real property owner within the boundaries of a city
  1 33 may file a petition for severance with the board if the
  1 34 petitioner's real property has not been provided municipal
  1 35 services for a period of at least ten years.  Contiguous
  2  1 property owners may file a combined petition under this
  2  2 subsection.  Following receipt of a petition, the board shall
  2  3 initiate proceedings to sever the owner's real property from
  2  4 the city.  The board shall notify the city of the severance
  2  5 proceedings and shall hold a public hearing on the severance.
  2  6 The board shall give notice of the hearing in the same manner
  2  7 as notice of a public hearing under subsection 1.  The board
  2  8 may order severance of all or a portion of the real property
  2  9 described in the petition and the order to sever is not
  2 10 subject to approval at an election.
  2 11                           EXPLANATION
  2 12    This bill allows a real property owner within the
  2 13 boundaries of a city to file a petition for severance with the
  2 14 city development board if the owner's real property has not
  2 15 been provided municipal services for a period of at least 10
  2 16 years.  The bill also allows contiguous real property owners
  2 17 to file a combined petition.
  2 18    The bill requires the city development board to initiate
  2 19 proceedings to sever an owner's real property from the city
  2 20 upon receipt of the petition.  The board is also required to
  2 21 notify the city of the severance proceedings and hold a public
  2 22 hearing on the severance.  The bill allows the board to order
  2 23 severance of all or a portion of the real property described
  2 24 in the petition and the order to sever is not subject to
  2 25 approval at an election.
  2 26 LSB 6152SS 82
  2 27 md/nh/5