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 of territory the 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