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