House File 160 - Introduced HOUSE FILE BY TYMESON Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to procedures for voluntary annexation and 2 including an applicability date provision. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1916HH 83 5 md/sc/14 PAG LIN 1 1 Section 1. Section 368.7, subsection 1, paragraphs a and 1 2 f, Code 2009, are amended to read as follows: 1 3 a. All of the owners of land in a territory adjoining a 1 4 city may apply in writing to the council of the adjoining city 1 5 requesting annexation of the territory. Territory comprising 1 6 railway right=of=way or territory comprising not more than 1 7 twenty percent of the owners of the land area may be included 1 8 in the application without the consent of the owner to avoid 1 9 creating an island or to create more uniform boundaries. 1 10 Public land may be included in the territory to be annexed. 1 11 However, the area of the territory that is public land 1 12 included without the written consent of the agency with 1 13 jurisdiction over the public land shall not be used to 1 14 determine the percentage ofterritorythe owners of the land 1 15 area that is included with the consent of the owner and 1 16 without the consent of the owner. 1 17 f. An annexation including territory comprising not more 1 18 than twenty percent of the owners of the land area without 1 19 consent of the property owners is not complete without 1 20 approval by four=fifths of the members of the city development 1 21 board after a hearing for all affected property owners and the 1 22 county. When considering such an annexation application, the 1 23 board may request that the annexing city provide information 1 24 on the amount of land located in the annexing city that is 1 25 currently vacant or undeveloped and whether municipal services 1 26 are being provided to current residents of the annexing city. 1 27 Sec. 2. APPLICABILITY DATE. This Act applies to 1 28 applications for voluntary annexation filed on or after the 1 29 effective date of this Act. 1 30 EXPLANATION 1 31 To avoid creating an island or to create more uniform 1 32 boundaries, an application for voluntary annexation may 1 33 include land of owners who do not consent to the annexation. 1 34 Under current law, land comprising not more than 20 percent of 1 35 the land area may be included in the application without 2 1 consent of the owners. Under this bill, land comprising not 2 2 more than 20 percent of the owners of the land area may be 2 3 included in the application. An annexation comprising not 2 4 more than 20 percent of the owners of the land area without 2 5 consent is subject to approval by the city development board. 2 6 The bill applies to applications for voluntary annexation 2 7 filed on or after the effective date of the bill. 2 8 LSB 1916HH 83 2 9 md/sc/14